* § 16.25 Temporary operator.\n (a) For the purposes of this section:\n (1) "Established operator" shall mean the provider of services that\nhas been established and issued an operating certificate pursuant to\nthis article.\n (2) "Extraordinary financial assistance" shall mean state funds\nprovided to, or requested by, a program for the express purpose of\npreventing the closure of the program that the commissioner finds\nprovides essential and necessary services within the community.\n (3) "Serious financial instability" shall include but not be limited\nto defaulting or violating material covenants of bond issues, missed\nmortgage payments, missed rent payments, a pattern of untimely payment\nof debts, failure to pay its employees or vendors, insufficient funds to\nmeet the general operating expenses of the program, failure to maintain\nrequired debt service coverage ratios and/or, as applicable, factors\nthat have triggered a written event of default notice to the office by\nthe dormitory authority of the state of New York.\n (4) "Office" shall mean the office for people with developmental\ndisabilities.\n (5) "Temporary operator" shall mean any provider of services that has\nbeen established and issued an operating certificate pursuant to this\narticle or which is directly operated by the office, that:\n a. agrees to provide services certified pursuant to this article on a\ntemporary basis in the best interests of its individuals served by the\nprogram; and\n b. has a history of compliance with applicable laws, rules, and\nregulations and a record of providing care of good quality, as\ndetermined by the commissioner; and\n c. prior to appointment as temporary operator, develops a plan\ndetermined to be satisfactory by the commissioner to address the\nprogram's deficiencies.\n (b) (1) In the event that: (i) the established operator is seeking\nextraordinary financial assistance; (ii) office collected data\ndemonstrates that the established operator is experiencing serious\nfinancial instability issues; (iii) office collected data demonstrates\nthat the established operator's board of directors or administration is\nunable or unwilling to ensure the proper operation of the program; or\n(iv) office collected data indicates there are conditions that seriously\nendanger or jeopardize continued access to necessary services within the\ncommunity, the commissioner shall notify the established operator of his\nor her intention to appoint a temporary operator to assume sole\nresponsibility for the provider of services' operations for a limited\nperiod of time. The appointment of a temporary operator shall be\neffectuated pursuant to this section, and shall be in addition to any\nother remedies provided by law.\n (2) The established operator may at any time request the commissioner\nto appoint a temporary operator. Upon receiving such a request, the\ncommissioner may, if he or she determines that such an action is\nnecessary, enter into an agreement with the established operator for the\nappointment of a temporary operator to restore or maintain the provision\nof quality care to the individuals until the established operator can\nresume operations within the designated time period or other action is\ntaken as described in section 16.17 of this article.\n (c) (1) A temporary operator appointed pursuant to this section shall\nuse his or her best efforts to implement the plan deemed satisfactory by\nthe commissioner to correct or eliminate any deficiencies in the program\nand to promote the quality and accessibility of services in the\ncommunity served by the provider of services.\n (2) During the term of appointment, the temporary operator shall have\nthe authority to direct the staff of the established operator as\nnecessary to appropriately provide services for individuals. The\ntemporary operator shall, during this period, provide services in such a\nmanner as to promote safety and the quality and accessibility of\nser
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