§ 23-17.11-6 - Mismanagement of facility.
SECTION 23-17.11-6
§ 23-17.11-6 Mismanagement of facility.– (a) Whenever the director shall determine that a facility is being mismanagedor operated in a manner which will have a detrimental impact on the health,safety, or well-being of any residents of a facility, and that the appointmentof a receiver would facilitate the protection of health, safety, or well-beingof the residents of the facility, the director shall petition the superiorcourt for the appointment of a receiver.
(b) The court shall appoint a receiver if it determines thatthe appointment of a receiver is necessary or appropriate to the protection ofthe health, safety, and well-being of the persons. The court shall appoint as areceiver any person(s) who shall have experience in the delivery of health careservices, and, if feasible, shall have experience with the operation oflong-term care facilities. A receiver shall not have a financial interest in,or any affiliation with, the facility that is the subject of the receivershipincluding, but not limited to, its owners, licensee, management company,employee(s), agent(s), or related party(ies). The court may, as it deemsnecessary or appropriate to accomplish the purposes of this chapter, conferupon any receiver appointed under this section any or all of the followingpowers:
(1) All power under common law and the laws of this state andthe rules of its courts regarding receiverships generally;
(2) The power to continue to operate the facility for thebenefit of the residents of the facility;
(3) The power to sell the facility with the approval of thecourt; and/or
(4) The power to facilitate the safe and orderly removal andplacement of all residents of the facility in a manner which will not bedetrimental to the health and safety of the residents.
(c) Every plan for closure of a facility shall be subject toapproval by the court.
(d) Upon the removal of the last resident from a facility,the licensee shall forfeit his or her license to operate the facility.