2806-B - Residential health care facilities; revocation of operating certificate. - New York Statutes

§ 2806-b. Residential health care facilities; revocation of operating certificate. Upon a determination by the commissioner that there exist operational deficiencies in a residential health care facility which show: (a) a condition or conditions in substantial violation of the standards for health, safety or patient care established under federal or state law or regulations; or (b) any other conditions dangerous to life, health or safety; or (c) 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 commissioner shall take the actions prescribed by section twenty-eight hundred six of this article to revoke the operating certificate of the residential health care facility which was the subject of such finding and, where he deems it to be in the public interest, he may petition a court of competent jurisdiction to appoint a caretaker as defined in section twenty-eight hundred one of this article. The petition, the proceedings and the procedures for the appointment of a caretaker shall be governed by the provisions of subdivision two of section twenty-eight hundred ten of this article, and the powers, duties and rights of a caretaker appointed pursuant to this section shall be the same as those authorized by such subdivision.