Bill > S01223

This bill expands the temporary operator program within the New York public health law, allowing the commissioner of health to appoint a temporary operator for healthcare facilities experiencing serious financial challenges or conditions that could endanger patient or resident safety. The bill broadens the definition of "facility" to include hospitals and adult care facilities like adult homes, enriched housing programs, and assisted living residences. It clarifies what constitutes "serious financial instability," which can include defaulting on loans, missing mortgage payments, failing to pay employee benefits or payroll taxes, or receiving a default notice from the Dormitory Authority of New York State. The bill also defines a "temporary operator" as an entity that agrees to operate a facility in the best interests of residents or patients and has demonstrated the character, competence, and financial ability to manage the facility effectively. Additionally, the bill provides guidelines for what constitutes an "improper delegation of management authority," which includes inappropriate transfer of key management responsibilities like hiring/firing administrators, controlling financial records, managing assets, and setting facility policies. The amendments aim to provide more flexibility and protection for healthcare facilities facing significant operational challenges.

Health and Social Services

https://www.nysenate.gov/legislation/bills/2025/S1223