2005 Connecticut Code - Sec. 19a-545. (Formerly Sec. 19-621e). Duties of receiver.
Sec. 19a-545. (Formerly Sec. 19-621e). Duties of receiver. (a) A receiver appointed pursuant to the provisions of sections 19a-541 to 19a-549, inclusive, in operating
such facility, shall have the same powers as a receiver of a corporation under section
52-507, except as provided in subsection (c) of this section and shall exercise such
powers to remedy the conditions which constituted grounds for the imposition of receivership, assure adequate health care for the patients and preserve the assets and property
of the owner. If a facility is placed in receivership it shall be the duty of the receiver to
notify patients and family, except where medically contraindicated. Such receiver may
correct or eliminate any deficiency in the structure or furnishings of the facility which
endangers the safety or health of the residents while they remain in the facility, provided
the total cost of correction does not exceed three thousand dollars. The court may order
expenditures for this purpose in excess of three thousand dollars on application from
such receiver. If any resident is transferred or discharged such receiver shall provide for:
(1) Transportation of the resident and such resident's belongings and medical records to
the place where such resident is being transferred or discharged; (2) aid in locating an
alternative placement and discharge planning in accordance with section 19a-535; (3)
preparation for transfer to mitigate transfer trauma, including but not limited to, participation by the resident or the resident's guardian in the selection of the resident's alternative placement, explanation of alternative placements and orientation concerning the
placement chosen by the resident or the resident's guardian; and (4) custodial care of
all property or assets of residents which are in the possession of an owner of the facility.
The receiver shall preserve all property, assets and records of residents which the receiver has custody of and shall provide for the prompt transfer of the property, assets
and records to the alternative placement of any transferred resident. In no event may
the receiver transfer all residents and close a facility without a court order and without
preparing a discharge plan for each resident in accordance with section 19a-535.
(c) The court may limit the powers of a receiver appointed pursuant to the provisions of sections 19a-541 to 19a-549, inclusive, to those necessary to solve a specific problem.
(P.A. 78-227, S. 5, 10; P.A. 80-309, S. 3; P.A. 89-350, S. 17; June 30 Sp. Sess. P.A. 03-3, S. 77; P.A. 04-16, S. 15.)
History: P.A. 80-309 prohibited transferring patients and closing facility without court order and without preparing discharge plans for residents; Sec. 19-621e transferred to Sec. 19a-545 in 1983; P.A. 89-350 added Subsec. (b) re limitation of receivers' powers, designating prior provisions as Subsec. (a) and adding exception re Subsec. (b); June 30 Sp. Sess. P.A. 03-3 added new Subsec. (b) requiring receiver to make determination within ninety days as to whether facility can continue to provide adequate care to residents and to seek facility purchase proposals, authorizing receiver to request an immediate order of the court to close facility if receiver determines facility cannot continue to provide adequate care to residents and making receiver responsible for ensuring an orderly transfer of residents of facilities that are closed, redesignated former Subsec. (b) as Subsec. (c) and made a technical change, effective August 20, 2003; P.A. 04-16 made a technical change in Subsec. (b).
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