NY Pub Health L § 2803-G (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2803-G - Board of Visitors in County Owned Residential Health Care Facility.

§  2803-g.  Board  of visitors in county owned residential health care   facility. 1. Each public residential health care  facility  owned  by  a   county  may  have  a  board  of  visitors  consisting  of at least seven   members. Members shall be appointed  by  the  county  executive  of  the   county  in which the facility is located where the county charter or, in   the absence of such, county law provides that members of county  boards,   commissions,  authorities  or  agencies  are  to be appointed by such an   officer. Such appointments shall be made with the approval of the  local   legislative  body  of  that  county.  In those counties without a county   executive, appointments shall be made by the  legislative  body  of  the   county.  A  visitor  may  be  removed by the county legislative body for   cause after notice and an opportunity for hearing on the charges.2. Unless provided otherwise by local  law,  each  board  shall  elect   annually one member to serve as president of the board and one member to   serve as secretary.3.  Visitors  shall not receive compensation but may be reimbursed for   their actual expenses in connection with their service  as  visitors  by   the facility they serve.4.  The board of visitors shall hold no less than six regular meetings   annually, but a greater number of regular meetings may be  scheduled  by   the  board.  The  conditions  under which special meetings may be called   shall be established by local law or in by-laws of the board. The  board   may require the head administrator of the facility to submit a report at   each  meeting.  The  board  shall  keep  a record of its proceedings and   activities. A member of a board of visitors who  has  failed  to  attend   three  consecutive  meetings  shall  be  considered  to have vacated his   office unless the board has adopted rules to the contrary.5. Upon the request of the head administrator of the facility or  upon   the  board's  initiative,  the board shall consult, advise and work with   the director with respect to  community  relations,  conditions  at  the   facility,   preliminary  plans  for  construction  and  alterations  and   programs and activities of the facility.6. The board or any member of the board  may  visit  and  inspect  the   facility  at  any time without prior notice and may report on conditions   to  the  local  legislative  body  or  the  county  executive  and   the   commissioner  of  the  New York state department of health. In addition,   the board shall insure that a member or a  committee  of  members  shall   inspect  the  facility  once  every three months without prior notice. A   member of a board of visitors who has failed to visit  and  inspect  the   facility  at  least twice a year shall be considered to have vacated his   office unless otherwise ordered by the board.7. The board shall have the power to investigate all  charges  against   the administrator of the facility, all cases of alleged patient abuse or   mistreatment,  and  any  other complaint filed against the facility. The   board shall receive from the facility copies of all accident reports and   any reports of abuse or neglect involving patients of the facility.  The   board  or  any  member  of the board shall have the right to examine any   books or papers of the  facility  at  anytime,  except  that  access  to   patient medical records shall be with the written consent of the patient   or his legal representative. Unless provided otherwise by local law, the   board  shall  have  the power, in accordance with the civil practice law   and rules, to require the production  of  any  books  or  papers  deemed   relevant  to the investigation. The board or a member may include in the   report of their investigation or separately  at  any  time,  any  matter   pertaining  to  the  management and affairs of the facility and may make   recommendations to the county executive, or in the absence of such,  the   county legislative body and to the commissioner. 8.  Once  each year, the board shall make an independent assessment of   conditions at the facility and shall submit a report on  the  assessment   and  recommendations to the commissioner and to the county executive, or   in the absence of such, the county legislative body.9. The county executive or the local legislative body shall notify the   board  of visitors of a residential health care facility of the proposed   appointment of a head administrator to such facility with a request that   the board report an expression of its opinion of the appointment and, if   it objects thereto, the reasons for such an objection.10. The board may establish  by-laws  which  shall  be  available  for   public inspection at the facility and the office of the county attorney.11.  Members  of the board of visitors shall be considered officers of   the county by which they are compensated for purposes  of  section  four   hundred  nine  of  the  county  law.  The  county legislative body shall   establish a code of ethics for the members of such board, including  but   not limited to provisions on conflict of interest and course of conduct.