2010 New York Code
PBH - Public Health
Article 28 - (2800 - 2822) HOSPITALS
2809 - Residential health care facilities; powers to require security.

§   2809.  Residential  health  care  facilities;  powers  to  require
  security.  1. If a residential health care facility receives a rating in
  the lowest category which may be assigned pursuant to subdivision one of
  section twenty-eight hundred three of this chapter, the commissioner may
  require, as a condition of continuing  to  operate,  that  the  facility
  obtain financial security to ensure that future obligations will be met,
  which security may be of a form that the commissioner deems appropriate,
  and which shall be in an amount determined necessary by the commissioner
  after  considering  the  rating  of  the  facility;  deficiencies in its
  overall condition and its operating practices; the size of the facility;
  the ease or difficulty of obtaining given types  of  security;  and  the
  financial  burden  of  obtaining particular types of security; but in no
  case shall such amount exceed twenty-five thousand dollars.
    2. If the commissioner obtains the agreement of any such  facility  to
  correct  or  eliminate  any  deficiency,  by  release or compromise of a
  penalty or for any other reason, he  may  require  as  a  part  of  such
  agreement  that  the facility obtain security in an amount sufficient to
  ensure that the agreement be upheld, which  security  may  take  a  form
  which the commissioner deems appropriate.
    3.  If  for  any  reason  the security required by the commissioner is
  depleted, either wholly or partially by civil penalties assessed by  the
  commissioner or for any other cause, the commissioner may require, after
  considering   those  factors  which  were  applicable  to  the  original
  requirement of security, that  the  amount  of  security  be  wholly  or
  partially   replenished,  or  that  the  total  amount  of  security  be
  increased; but  in  no  case  shall  such  security  exceed  twenty-five
  thousand dollars at one time.