NY Pub Health L § 2862 (2021)
2021 New York Laws PBH - Public Health Article 28-A - Nursing Home Companies 2862 - Supervision and Regulation.

§  2862. Supervision and regulation. 1. The commissioner may from time to time make, alter, amend and repeal  rules  and  regulations  for  the supervision, examination, regulation and audit of nursing home companies and  for  carrying  into  effect  the  provisions  and  purposes of this article,  and  each  company  shall  submit  an  annual  report  of  its operations  to  the  commissioner and the New York state housing finance agency or the New York state medical care facilities finance agency,  as the  case may be, who may examine and audit the books and records of the company at any time.   2. The commissioner and the department of health shall have  power  to act  for  and  in behalf of the New York state housing finance agency or the New York state medical care facilities finance agency, as  the  case may be, in servicing the nursing home mortgage loans of such agency, and to  perform  such  functions and services in connection with the making, servicing and collection of such loans as shall  be  requested  by  such agency.   3.  (a)  The  commissioner and the department may, with respect to any nursing home project of which the New York state housing finance  agency or  the  New  York  state medical care facilities finance agency, as the case may be, has acquired the fee or otherwise, enter into an  agreement with  said agency subject to the approval of the director of the budget, for the department, as provided in paragraph (b) of this subdivision, to operate the said project in a manner consistent  with  the  purposes  of this  article.  In  such  event,  the  commissioner,  on  behalf  of the department, shall have the power to use any available funds to  pay  all operating  expenses  and  to comply with all the terms and provisions of the mortgage, if any, as though the mortgage had not been foreclosed, or any other applicable agreement and to comply with the provisions of this article.  (b) Subject to the provisions of the agreement with said  agency,  the commissioner  may contract with any person, firm or corporation which he deems qualified to operate and manage such project and to  perform  such duties and functions as he may deem necessary.   4. Whenever the commissioner shall be of the opinion that a company is failing or omitting, or is about to fail or omit to do anything required of it by law or by order of the commissioner and is doing or is about to do  anything,  or permitting anything, or is about to permit anything to be done, contrary to or in violation of law  or  of  any  order  of  the commissioner,  or which is improvident or prejudicial to the interest of the public, the lienholders, the shareholders,  or  the  occupants,  the commissioner  may,  in  addition  to  such  other  remedies  as  may  be available, commence an action or proceeding in the supreme court of  the state  of  New  York in the name of the commissioner, for the purpose of having such violations or threatened violations stopped  and  prevented, and  in  such action or proceeding, the court may appoint a temporary or permanent receiver or both. Such action or proceeding shall be commenced by a petition to the supreme court, alleging the violation complained of and praying for appropriate relief. It shall thereupon be  the  duty  of the  court  to specify the time, not exceeding twenty days after service of a copy of the petition, within which the company complained  of  must answer  the  petition.  In case of any default or after answer the court shall immediately inquire into  the  facts  and  circumstances  in  such manner  as the court shall direct in the interest of substantial justice without other or formal pleading. Such other persons or corporations  as it  shall  seem  to  the court necessary or proper to join as parties in order to make its order or judgment effective, may be joined as parties. The final judgment in any such action or proceeding shall either dismiss the action or proceeding or direct that an order or  an  injunction,  or  both,  issue, or provide for the appointment of a receiver as prayed for in the petition, or grant such  other  relief  as  the  court  may  deem appropriate.