New York Laws
Article 46 - Continuing Care Retirement Communities
4616 - Appointment of a Caretaker.

§ 4616. Appointment of a caretaker. Upon a determination by the
council that there exists operational deficiencies in a continuing care
retirement community that show:

1. a condition or conditions in substantial violation of the standards
for health, safety or patient care established under federal or state
law or regulations;

2. or that there exists in the facility a pattern or practice of
habitual violation of the standards of health, safety or patient care
established under federal or state law or regulations, the council shall
take the actions prescribed by section forty-six hundred fifteen of this
article, and, where the council deems it to be in the public interest,
the council may request that the commissioner, and upon request of the
council the commissioner shall, petition a court of competent
jurisdiction to appoint a caretaker as defined in section twenty-eight
hundred one of this chapter. The petition, the proceedings, and the
procedures for appointment of a caretaker shall be governed by the
provisions of section forty-six hundred seventeen of this article, and
the powers, duties and rights of a caretaker appointed pursuant to such
section shall be the same as those authorized by subdivision four of
such section.

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