STATE OF NEW YORK ________________________________________________________________________ 6034--A 2023-2024 Regular Sessions IN ASSEMBLY March 30, 2023 ___________ Introduced by M. of A. PAULIN, BICHOTTE HERMELYN -- read once and referred to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the public health law, in relation to expanding the scope of the temporary operator program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 2806-a of the public health law, 2 as added by section 50 of part E of chapter 56 of the laws of 2013, 3 paragraph (g) as added by section 7 of part K of chapter 57 of the laws 4 of 2015, is amended to read as follows: 5 1. For the purposes of this section: 6 (a) "adult care facility" shall mean an adult home or enriched housing 7 program licensed pursuant to article seven of the social services law or 8 an assisted living residence licensed pursuant to article forty-six-B of 9 this chapter; 10 (b) "established operator" shall mean the operator of [an adult care] 11 a facility[, a general hospital or a diagnostic and treatment center 12 that has been established and issued an operating certificate as such 13 pursuant to this article]; 14 (c) "facility" shall mean (i) a [general] hospital [or a diagnostic 15 and treatment center that has been issued an operating certificate as 16 such pursuant to this article]; or (ii) an adult care facility; 17 (d) "temporary operator" shall mean any person or entity that: 18 (i) agrees to operate a facility on a temporary basis in the best 19 interests of its residents or patients and the community served by the 20 facility; and 21 (ii) has demonstrated that he or she has the character, competence and 22 financial ability to operate the facility in compliance with applicable 23 standards; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10407-02-3
A. 6034--A 2 1 (e) "serious financial instability" shall include but not be limited 2 to defaulting or violating key covenants of loans, or missed mortgage 3 payments, or general untimely payment of obligations, including but not 4 limited to employee benefit fund, payroll tax, and insurance premium 5 obligations, or failure to maintain required debt service coverage 6 ratios or, as applicable, factors that have triggered a written event of 7 default notice to the department by the dormitory authority of the state 8 of New York; and 9 (f) "extraordinary financial assistance" shall mean state funds 10 provided to a facility upon such facility's request for the purpose of 11 assisting the facility to address serious financial instability. Such 12 funds may be derived from existing programs within the department, 13 special appropriations, or other funds. 14 (g) "improper delegation of management authority by the governing 15 authority or operator" of a [general hospital] facility shall include, 16 but not be limited to, the delegation to an entity that has not been 17 established as an operator of the [general hospital] facility of (i) 18 authority to hire or fire the administrator or other key management 19 employees; (ii) maintenance and control of the books and records; (iii) 20 authority over the disposition of assets and the incurring of liabil- 21 ities on behalf of the facility; and (iv) the adoption and enforcement 22 of policies regarding the operation of the facility. The criteria set 23 forth in this paragraph shall not be the sole determining factors, but 24 indicators to be considered with such other factors that may be perti- 25 nent in particular instances. Professional expertise shall be exercised 26 in the utilization of the criteria. All of the listed indicia need not 27 be present in a given instance for there to be an improper delegation of 28 authority. 29 § 2. This act shall take effect immediately.