4670 - Receiverships.

NY Pub Health L § 4670 (2019) (N/A)
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(i) when the community is issued a new certificate of authority; or

(ii) at such time as all of the residents in the community have been provided alternate residential and health care services. b. 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 discretion of the court. 7. a. 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 community, or services rendered by the community, 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. b. 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 such payments made to him or her. The receipt provided by the receiver for any sum paid to him or her shall, in all suits and proceedings and for every other purpose, be as effectual in favor of any person holding the receipt as actual payment of the amount thereof to the operator or other person or persons who would, but for the provisions of this section, have been entitled to receive the sum to be paid. No resident 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 operator, owner, contractor or other person any sum so paid to the receiver. 8. Any other provision of this article notwithstanding, the council may, if it deems appropriate, grant to any community operating or scheduled to operate under a receivership authorized by this section a certificate of authority, the duration of which shall be limited to the duration of the receivership. 9. a. No provision of this section shall be deemed to relieve the operator, owner or manager of any civil or criminal liability incurred, or any duty imposed by law, by reason of acts or omissions of the operator, owner or manager prior to the appointment of any receiver pursuant to this section, nor shall anything in this section be construed to suspend during the receivership any obligation of the owner for the payment of taxes or other operating and maintenance expenses of the community nor of the owner or any other person for the payment of mortgages or liens. b. The receiver shall not be responsible for any obligations incurred by the owner, manager or prime lessor, if any, prior to the appointment of the receiver, other than those obligations to residents pursuant to the fee-for-service continuing care contracts. c. The receiver shall be entitled to use for operating and maintenance expenses and the basic needs of the residents of the community a portion of the revenues due the operator during the month in which the receiver is appointed, which portion shall be established on the basis of the amounts of the unpaid operating and maintenance expenses for such month.