New York Laws
Article 28 - Hospitals
2810 - Residential Health Care Facilities; Receivership.

(a) eighteen months after the date on which it was ordered;
(b) when the department grants the facility a new operating
certificate, whether the structure of the facility or the land on which
it is located shall be under the same or different ownership; or
(c) at such time as all of the patients in the facility have been
provided alternative modes of health care, either in another facility or
otherwise.
(ii) At the time of termination, the receiver shall render a full and
complete accounting to the court and shall make disposition of surplus
money at the direction of the court.

f. (i) Any person who is served a copy of an order of the court
appointing the receiver shall, upon being notified of the name and
address of the receiver, make all payments for goods supplied by the
facility, or services rendered by the facility, to the receiver. A
receipt shall be given for each such payment, and copies of all such
receipts shall be kept on file by the receiver. The amount so received
shall be deposited by the receiver in a special account which shall also
be used for all disbursements made by the receiver.
(ii) Any person refusing or omitting to make such a payment after such
service and notice may be sued therefor by the receiver. Such person
shall not in such suit dispute the authority of the receiver to incur or
order such expenses, or the right of the receiver to have such payments
made to him. The receipt of the receiver for any sum paid to him shall,
in all suits and proceedings and for every purpose, be as effectual in
favor of any person holding the same as actual payment of the amount
thereof to the owner or other person or persons who would, but for the
provisions of this subdivision, have been entitled to receive the sum so
paid. No patient shall be discharged, nor shall any contract or rights
be forfeited or impaired, nor any forfeiture or liability be incurred,
by reason of any omission to pay any owner, contractor or other person
any sum so paid to the receiver.
g. Any other provision of this chapter notwithstanding, the department
may, if it deems appropriate, grant to any facility operating or
scheduled to operate under a receivership authorized by this subdivision
an operating certificate the duration of which shall be limited to the
duration of the receivership.
h. No provision contained herein shall be deemed to relieve the owner
or any other person of any civil or criminal liability incurred, or any
duty imposed by law, by reason of acts or omissions of the owner or any
other person prior to the appointment of any receiver hereunder, nor
shall anything contained herein be construed to suspend during the
receivership any obligation of the owner or any other person for the
payment of taxes or other operating and maintenance expenses of the
facility nor of the owner or any other person for the payment of
mortgages or liens.
* 3. The commissioner is authorized to make non-interest bearing
payments to receivers appointed pursuant to this section within the
amounts made available therefor by the legislature. No such payment
shall be made unless the commissioner reasonably anticipates that
repayment shall be made prior to or upon termination of the
receivership. Any such payment to a receiver shall be made pursuant to a
repayment agreement entered into by the receiver with the commissioner
which shall specify a time within which full repayment must be made.
Repayments by receivers shall be applied to reimburse any first instance
appropriation made for the purposes of this subdivision.
* NB (Effective pending Federal Law)

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