630.775. Powers and duties of receiver.
Powers and duties of receiver.
630.775. A receiver appointed under this section:
(1) May exercise those powers and shall perform those dutiesset out by the court;
(2) May, in his discretion, either:
(a) Take control of all day-to-day operations of theresidential facility;
(b) Name an individual to conduct the day-to-day operationsof the facility subject to the supervision and direction of thereceiver;
(3) May upgrade deficient facilities by any methods,procedures or actions he deems necessary; provided, however, thatexpenditures in excess of three thousand dollars, or in excess ofany amount set by the court, be first approved by the court;
(4) Shall have the same rights to possession of the buildingin which the facility is located and of all goods and fixtures inthe building at the time the petition for receivership is filedas the head of the facility would have had if the receiver hadnot been appointed. The receiver shall take such action as isreasonably necessary to protect and conserve the assets orproperty of which the receiver takes possession, or the proceedsof any transfer thereof, and may use them only in the performanceof the powers and duties set forth in this section and by orderof the court;
(5) May use the building, fixtures, furnishings and anyaccompanying consumable goods in the provision of care andservices to residents and to any other persons receiving servicesfrom the facility at the time the petition for receivership wasfiled. The receiver shall collect payments for all goods andservices provided to residents or others during the period ofreceivership, at the same rate of payment as was charged by thehead of the facility at the time the petition for receivershipwas filed, unless a different rate is set by the court;
(6) May let contracts and hire agents and employees,including legal counsel, to carry out the powers and dutiescreated under this section or by the court;
(7) May hire or discharge any employees;
(8) Shall receive and expend in a reasonable manner therevenues of the facility due on the date of the order ofappointment as receiver, and to become due during thereceivership;
(9) Shall do all acts necessary or appropriate to conservethe property and promote the health, safety or care of theresidents of the facility;
(10) Except as hereinafter specified in section 630.790,shall honor all leases, mortgages, secured transactions or otherwholly or partially executory contracts entered into on behalf ofthe facility, but only to the extent of payments which become dueor are for the use of the property during the period of thereceivership;
(11) Shall be responsible, to the same extent as thelicensee would have been, for taxes which accrue during theperiod of the receivership;
(12) Shall be entitled to and shall take possession of allproperty or assets of residents which are in possession of thehead of the facility. The receiver shall preserve all property,assets and records of residents of which the receiver takespossession and shall provide for the prompt transfer of theproperty, assets and records to the alternative placement of anytransferred or discharged resident;
(13) Shall provide, if upgrading of the facility orcorrection of the deficiencies is not possible, for the orderlytransfer of all residents in the facility to other suitablefacilities, or make other provisions for their continued health,safety and welfare;
(14) Shall, if any resident is transferred or discharged,provide for:
(a) Transportation of the resident and the resident'sbelongings and medical records to the place to which the residentis being transferred or discharged;
(b) Aid in locating an alternative placement and indischarge planning;
(c) If the resident is being transferred, preparation fortransfer to mitigate transfer trauma;
(15) Shall, if any resident is to be transferred, permitparticipation by the resident or the resident's guardian in theselection of the resident's alternative placement;
(16) Shall, unless emergency transfer is necessary, preparea resident under subdivisions (14)(c) and (15) by explainingalternative placements, and by providing orientation to theplacement chosen by the resident or the resident's guardian.
(L. 1980 H.B. 1724)