§13001. Policy It is the purpose of this chapter to develop a mechanism by which the concept of receivership can be utilized for the protection of individuals served or funded by the department. It is the intent of the Legislature that receivership be a remedy of last resort when all other methods of remedy have […]
§13002. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1997, c. 610, §3 (NEW).] 1. Client. “Client” means a person who receives services from a provider. [PL 1997, c. 610, §3 (NEW).] 2. Emergency. “Emergency” means a situation, physical condition, financial condition […]
§13003. Appointment of receiver 1. Grounds for appointment. The following circumstances are grounds for the appointment of a receiver to operate a facility or a provider. A. A facility or provider intends to close but has not arranged at least 30 days prior to closure for the orderly transfer of its residents or clients. […]
§13004. Powers and duties of the receiver 1. Powers and duties. A receiver appointed pursuant to this chapter has such powers as the court may direct to operate the facility or provider and to remedy the conditions that constituted grounds for the receivership, to protect the health, safety and welfare of the residents or clients […]
§13005. Termination of receivership The receivership terminates when the court certifies that the conditions that prompted the appointment are corrected or, in the case of a discontinuance of operation, when the residents or clients are safely relocated. The court shall review the necessity of the receivership at least semiannually. [PL 1997, c. 610, §3 […]
§13006. Liability of receiver A person may not bring suit against a receiver appointed under section 13003 without first securing leave of the court. Except in cases of gross negligence or intentional wrongdoing, the receiver is liable in the receiver’s official capacity only and any judgment rendered must be satisfied out of receivership assets. […]
§13007. Court order to have effect of license An order appointing a receiver under section 13003 has the effect of a license for the duration of the receivership. The receiver is responsible to the court for the conduct of the facility or provider during the receivership, and a violation of regulations governing the conduct of […]
§13008. Rule-making authority to implement receivership law The department may adopt rules as necessary to implement this chapter. Rules adopted pursuant to this chapter are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A. [PL 1997, c. 610, §3 (NEW).] SECTION HISTORY PL 1997, c. 610, §3 (NEW).
