Connecticut General Statutes Title 19A. Public Health and Well-Being § 19a-547. Appointment of receiver. Qualifications of receiver. Removal. Bond. Fees

(a) The court may appoint any responsible individual or entity whose name is proposed by the Commissioner of Public Health and the Commissioner of Social Services to act as a receiver. Such individual or entity shall (1) be a nursing home facility administrator licensed pursuant to the provisions of sections 19a-511 to 19a-520, inclusive, or (2) have substantial experience in the delivery of high-quality health care services and successful management or operation of long-term care facilities, and have achieved an educational level or have such licensure as customarily is held by persons or entities managing or operating health care facilities similar to the facility or facilities subject to receivership. No state employee or owner, administrator or other person or entity with a financial interest in the nursing home facility or residential care home may serve as a receiver for that nursing home facility or residential care home. No person or entity appointed to act as a receiver shall be permitted to have a current financial interest in the nursing home facility or residential care home; nor shall such person or entity appointed as a receiver be permitted to have a financial interest in the nursing home facility or residential care home for a period of five years from the date the receivership ceases. No person who is employed by a private equity company or entity owned or controlled by a private equity company shall be appointed to act as a receiver of a nursing home facility or residential care home.

(b) The court may remove such receiver in accordance with section 52-513. A nursing home facility or residential care home receiver appointed pursuant to this section shall be entitled to a reasonable receiver's fee as determined by the court. The receiver shall be liable only in the receiver's official capacity for injury to person and property by reason of the conditions of the nursing home facility or residential care home. The receiver shall not be personally liable, except for acts or omissions constituting gross, wilful or wanton negligence.

(c) The court, in its discretion, may require a bond of such receiver in accordance with section 52-506.

(d) The court may require the Commissioner of Public Health to provide for the payment of any receiver's fees authorized in subsection (a) of this section upon a showing by such receiver to the satisfaction of the court that (1) the assets of the nursing home facility or residential care home are not sufficient to make such payment, and (2) no other source of payment is available, including the submission of claims in a bankruptcy proceeding. The state shall have a claim for any court-ordered fees and expenses of the receiver that shall have priority over all other claims of secured and unsecured creditors and other persons whether or not such nursing home facility or residential care home is in bankruptcy, to the extent allowed under state or federal law.