* § 2806-a. Temporary operator. 1. For the purposes of this section:\n (a) "adult care facility" shall mean an adult home or enriched housing\nprogram licensed pursuant to article seven of the social services law or\nan assisted living residence licensed pursuant to article forty-six-B of\nthis chapter;\n (b) "established operator" shall mean the operator of an adult care\nfacility, a general hospital or a diagnostic and treatment center that\nhas been established and issued an operating certificate as such\npursuant to this article;\n (c) "facility" shall mean (i) a general hospital or a diagnostic and\ntreatment center that has been issued an operating certificate as such\npursuant to this article; or (ii) an adult care facility;\n (d) "temporary operator" shall mean any person or entity that:\n (i) agrees to operate a facility on a temporary basis in the best\ninterests of its residents or patients and the community served by the\nfacility; and\n (ii) has demonstrated that he or she has the character, competence and\nfinancial ability to operate the facility in compliance with applicable\nstandards;\n (e) "serious financial instability" shall include but not be limited\nto defaulting or violating key covenants of loans, or missed mortgage\npayments, or general untimely payment of obligations, including but not\nlimited to employee benefit fund, payroll tax, and insurance premium\nobligations, or failure to maintain required debt service coverage\nratios or, as applicable, factors that have triggered a written event of\ndefault notice to the department by the dormitory authority of the state\nof New York; and\n (f) "extraordinary financial assistance" shall mean state funds\nprovided to a facility upon such facility's request for the purpose of\nassisting the facility to address serious financial instability. Such\nfunds may be derived from existing programs within the department,\nspecial appropriations, or other funds.\n (g) "improper delegation of management authority by the governing\nauthority or operator" of a general hospital shall include, but not be\nlimited to, the delegation to an entity that has not been established as\nan operator of the general hospital of (i) authority to hire or fire the\nadministrator or other key management employees; (ii) maintenance and\ncontrol of the books and records; (iii) authority over the disposition\nof assets and the incurring of liabilities on behalf of the facility;\nand (iv) the adoption and enforcement of policies regarding the\noperation of the facility. The criteria set forth in this paragraph\nshall not be the sole determining factors, but indicators to be\nconsidered with such other factors that may be pertinent in particular\ninstances. Professional expertise shall be exercised in the utilization\nof the criteria. All of the listed indicia need not be present in a\ngiven instance for there to be an improper delegation of authority.\n 2. (a) In the event that: (i) a facility seeks extraordinary financial\nassistance and the commissioner finds that the facility is experiencing\nserious financial instability that is jeopardizing existing or continued\naccess to essential services within the community, or (ii) the\ncommissioner finds that there are conditions within the facility that\nseriously endanger the life, health or safety of residents or patients,\nthe commissioner may appoint a temporary operator to assume sole control\nand sole responsibility for the operations of that facility, or (iii)\nthe commissioner finds that there has been an improper delegation of\nmanagement authority by the governing authority or operator of a general\nhospital, the commissioner shall appoint a temporary operator to assume\nsole control and sole responsibility for the operations of that\nfacility. The appointment of the temporary operator shall be effectuated\npursuant to this section and shall be in addition to any other remedies\nprovided by law.\n (b) The established operat
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