2809 - Residential health care facilities; powers to require security.

§   2809.  Residential  health  care  facilities;  powers  to  require  security.  1. If a residential health care facility receives a rating in  the lowest category which may be assigned pursuant to subdivision one of  section twenty-eight hundred three of this chapter, the commissioner may  require, as a condition of continuing  to  operate,  that  the  facility  obtain financial security to ensure that future obligations will be met,  which security may be of a form that the commissioner deems appropriate,  and which shall be in an amount determined necessary by the commissioner  after  considering  the  rating  of  the  facility;  deficiencies in its  overall condition and its operating practices; the size of the facility;  the ease or difficulty of obtaining given types  of  security;  and  the  financial  burden  of  obtaining particular types of security; but in no  case shall such amount exceed twenty-five thousand dollars.    2. If the commissioner obtains the agreement of any such  facility  to  correct  or  eliminate  any  deficiency,  by  release or compromise of a  penalty or for any other reason, he  may  require  as  a  part  of  such  agreement  that  the facility obtain security in an amount sufficient to  ensure that the agreement be upheld, which  security  may  take  a  form  which the commissioner deems appropriate.    3.  If  for  any  reason  the security required by the commissioner is  depleted, either wholly or partially by civil penalties assessed by  the  commissioner or for any other cause, the commissioner may require, after  considering   those  factors  which  were  applicable  to  the  original  requirement of security, that  the  amount  of  security  be  wholly  or  partially   replenished,  or  that  the  total  amount  of  security  be  increased; but  in  no  case  shall  such  security  exceed  twenty-five  thousand dollars at one time.