151-H:1 Definitions. – In this chapter: I. " Administrator " means any individual who is charged with the general administration of a facility, as defined in RSA 151-H:1, V, whether or not such individual has an ownership interest in such facility and whether or not such individual’s functions and duties are shared with one […]
151-H:10 Effect of Appointment; Violation of Regulations. – An order appointing a receiver under RSA 151-H:3 shall have the effect of a license for the duration of the receivership. The receiver shall comply with all state and federal laws and regulations governing the rights of residents and provision of health care services. The receiver […]
151-H:2 Appointment of Receiver. – The superior court, upon petition of the department, as hereinafter provided, may appoint a receiver for any facility; provided, that the court finds upon clear and convincing evidence that the health, safety, or welfare of the residents cannot be adequately assured without the appointment of a receiver and either […]
151-H:3 Action to Appoint Receiver; Hearing; Purpose of Receivership. – I. The department may petition the court for the appointment of a receiver, after notification to the governor and the attorney general, requesting the appointment of a receiver to operate a facility. Before the department files such a petition, the commissioner shall consult with […]
151-H:4 Authority of Receiver; Duties. – I. When a receiver is appointed, the licensee shall be divested of possession and control of the facility in favor of the receiver. The receiver shall have the same rights to possession of the building in which the facility is located and to all goods and fixtures in […]
151-H:5 Leases, Mortgages or Secured Transactions. – I. During the period of receivership, a receiver shall honor any lease, mortgage, or agreement granting security interests entered into by the licensee, owner or owners, or administrator, unless the court: (a) Makes a determination in writing, upon the filing of a motion by the receiver to […]
151-H:6 Compensation of Receiver. – The court shall set a reasonable compensation for the receiver, and may require the receiver to furnish a bond. Such expenses shall be paid from the revenues of the facility. Source. 2012, 162:1, eff. June 7, 2012.
151-H:7 Recoupment of State Expenditures. – Upon court approval, the state may, pursuant to a petition filed by the department, have a lien for any loan under RSA 151-H:4, VI upon the following property: the building in which the facility is located; the land on which the facility is located; and any fixtures, equipment, […]
151-H:8 Termination of Receivership. – I. After a hearing on the merits, the court may terminate a receivership under the following conditions: (a) The department grants a license to operate the facility to the licensee divested of possession and control by the receiver; (b) There is a transfer of ownership or management of the […]
151-H:9 Actions Against Receiver; Liability. – No person shall bring an action against a receiver appointed under RSA 151-H:3 without prior approval of the court. The receiver shall not be personally liable unless he or she commits acts or omissions amounting to gross negligence, intentional tortious conduct, or breach of fiduciary duties. In all […]
