2012 New York Consolidated Laws
PBH - Public Health
Article 28 - (2800 - 2823) HOSPITALS
2806-B - Residential health care facilities; revocation of operating certificate.

 
    §  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.