* § 2803-w. Independent quality monitors for residential health care\nfacilities. The department may require a residential health care\nfacility to contract with an independent quality monitor selected, and\non reasonable terms determined, by the department, pursuant to a\nselection process conducted notwithstanding sections one hundred twelve\nor one hundred sixty-three of the state finance law, for purposes of\nmonitoring the operator's compliance with a written and mandatory\ncorrective plan and reporting to the department on the implementation of\nsuch corrective action, when the department has determined in its\ndiscretion that operational deficiencies exist at such facility that\nshow:\n 1. a condition or conditions in substantial violation of the standards\nfor health, safety, or resident care established in law or regulation\nthat constitute a danger to resident health or safety;\n 2. a pattern or practice of habitual violation of the standards of\nhealth, safety, or resident care established in law or regulation; or\n 3. any other condition dangerous to resident life, health, or safety.\nSuch written mandatory corrective plans shall include caps on\nadministrative and general costs that are unrelated to providing direct\ncare (including providing at least minimum staffing levels as determined\nby the department) or care coordination.\n * NB There are 2 § 2803-w's\n
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