§ 2810. Residential health care facilities; receivership. 1. The\nowner or owners of any residential health care facility may at any time\nrequest the department to take over the operation of such facility by\nthe appointment of a receiver. Upon receiving such a request, the\ndepartment may, if it deems such action desirable, enter into an\nagreement with any such owners on the appointment of a receiver to take\ncharge of the facility under whatever conditions as shall be found\nacceptable by both parties. Receivership commenced in accordance with\nthe provisions of this subdivision shall terminate at such time as is\nagreed upon by the parties, or at such time as either party notifies the\nother in writing that he wishes to terminate such receivership.\n 2. a. As a means of protecting the health, safety and welfare of the\npatients in a residential health care facility, whenever the\ncommissioner revokes the operating certificate of such a facility he\nshall apply to the supreme court in the county where the facility is\nsituated for an order directing the owner of the land and/or structure\non or in which the facility is located to show cause why the\ncommissioner, or his designee, should not be appointed receiver to take\ncharge of the facility. In those cases where operating certificates have\nbeen revoked pursuant to paragraph (a) of subdivision five of section\ntwenty-eight hundred six of this chapter the supreme court shall appoint\na receiver who may be the commissioner or his designee. Such application\nshall contain proof by affidavit that the facility has had its operating\ncertificate revoked. Such order to show cause shall be returnable not\nless than five days after service is completed and shall provide for\npersonal service of a copy thereof and the papers on which it is based\non the owner or owners of the land and/or structure on or in which the\nfacility is located. If any such owner cannot with due diligence be\nserved personally within the county where the property is located and\nwithin the time fixed in such order, then service may be made on such\nperson by posting a copy thereof in a conspicuous place within the\nfacility in question, and by sending a copy thereof by registered mail,\nreturn receipt requested, to such owner at the last address registered\nby him with the department, or in the absence of such registration, to\nthe address set forth in the last recorded deed with respect to such\nfacility. Service shall be deemed complete on filing proof of service\nthereof in the office of the county clerk, or the clerk of the city of\nNew York, as the case may be.\n b. On the return of said order to show cause, determination shall have\nprecedence over every other business of the court unless the court shall\nfind that some other pending proceeding, having similar statutory\nprecedence, shall have priority. The court may conduct a hearing at\nwhich all interested parties shall have the opportunity to present\nevidence pertaining to the application. If the court shall find that the\nfacts warrant the granting thereof, then the commissioner, or any person\ndesignated by the commissioner, shall be appointed receiver to take\ncharge of the facility, and the court shall determine a fair monthly\nrental for the facility, and for the furniture, fixtures and movable\nequipment therein, taking into account all relevant factors, including\nthe condition of such facility, and the condition of such furniture,\nfixtures and movable equipment, which amount shall, except in the case\nwhere the receiver is assuming an existing bona fide arm's length lease,\nnot exceed the amount which would be reimbursable to the facility under\nthe medical assistance program for real property costs and for the costs\nof furniture, fixtures and movable equipment if each patient in the\nfacility were a recipient of medical assistance. Such rental shall be\npaid by the receiver to the owner or owners of the facility and to the\now
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