Section 72Q Compensation of receiver; bond; lien; recoupment of commonwealth expenditures - Massachusetts Statutes

Section 72Q. The court shall set a reasonable compensation for the receiver that is consistent with the regulations of the division of health care finance and policy, and shall require the receiver to furnish a bond. Such expenses shall be paid from the revenues of the facility.

The licensee shall be liable for any adjustment to the facility’s rate that is necessitated by the provisions of the first paragraph of this section.

The commonwealth shall have a lien for any expenditure under section seventy-two O upon the following property: the building in which the facility is located; the land on which the facility is located; any fixtures, equipment or goods used in the operation of the facility. Such lien shall be prior to any mortgage or lien which the court finds has been executed or obtained for a fraudulent purpose or to hinder or delay creditors. Such lien shall also be prior to a mortgage or lien held by any person with an ownership interest in the facility; or any person which controls or has the ability to directly or indirectly control to any significant degree the management of policies of the licensee or the facility; or any person related to the licensee or to the facility by any significant degree of common ownership or common control. The receiver shall cause notice of any lien created hereunder to be duly filed.

As an additional remedy for recouping commonwealth expenditures, the licensee, persons responsible for the affairs of the licensee, or the owner, may be held liable for such expenditures to the extent that any of these persons benefits financially from the expenditure. Recoupment shall also be available against any person who, prior to the appointment of the receiver, breached a legal responsibility to assure appropriate maintenance of the facility, if such breach necessitated the expenditure by the commonwealth, and against any person who was responsible for an abandonment of the facility.