Article 8. Management Of Long-term Health Care Facilities of California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 8.
The Legislature finds and declares that the transfer trauma
which accompanies the abrupt and involuntary transfer of patients
from one nursing home to another should be avoided when reasonable
It is the intent of the Legislature in enacting this article to
provide an alternative by establishing a system whereby the State
Department of Health Services may apply for a court order appointing
a receiver to temporarily operate a long-term health care facility.
The receivership is not intended to punish a licensee or to replace
attempts to secure cooperative action to protect the patients' health
and security. The receivership is intended to protect the patients
in the absence of other reasonably available alternatives.
The receiver may be appointed when a long-term health care
facility is found to be in such condition that continued operation by
the licensee, or his or her representative, presents a substantial
probability or imminent danger of serious physical harm or death to
The receiver shall assume the operation of such a facility in
order to either bring it into compliance with law and return it to
the original licensee in accordance with standards set forth in this
article, or facilitate a transfer of ownership to a new licensee. The
receiver shall assure the orderly transfer of patients should the
facility ultimately close.
(a) It is the intent of the Legislature in enacting this
section to empower the state department to take quick, effective
action to protect the health and safety of residents of long-term
health care facilities and to minimize the effects of transfer trauma
that accompany the abrupt transfer of elderly and disabled
(b) For purposes of this section, "temporary manager" means the
person, corporation, or other entity, appointed temporarily by the
state department as a substitute facility manager or administrator
with authority to hire, terminate, or reassign staff, obligate
facility funds, alter facility procedures, and manage the facility to
correct deficiencies identified in the facility's operation.
(c) The director may appoint a temporary manager when any of the
following circumstances exist:
(1) The residents of the long-term health care facility are in
immediate danger of death or permanent injury by virtue of the
failure of the facility to comply with federal or state requirements
applicable to the operation of the facility.
(2) As a result of the change in the status of the license or
operation of a long-term health care facility, the facility is
required to comply with Section 1336.2, the facility fails to comply
with Section 1336.2, and the state department has determined that the
facility is unwilling or unable to meet the requirements of Section
(d) Upon appointment, the temporary manager shall take all
necessary steps and make best efforts to eliminate immediate danger
of death or permanent injury to residents or complete transfer of
residents to alternative placements pursuant to Section 1336.2.
(e) (1) The appointment of a temporary manager shall become
effective immediately and shall continue until any of the following
(A) The temporary manager notifies the department, and the
department verifies, that the facility meets state and, if
applicable, federal standards for operation, and will be able to
continue to maintain compliance with those standards after the
termination of temporary management.
(B) A receiver is appointed under this article.
(C) The department approves a new management company.
(D) A new operator is licensed.
(E) The state department closes the facility, through an orderly
transfer of the residents.
(F) A hearing or court order ends the temporary manager
(G) The appointment is terminated by the department or the
(2) The appointment of a temporary manager shall authorize the
temporary manager to act pursuant to this section. The appointment
shall be made pursuant to an agreement between the temporary manager
and the state department that outlines the circumstances under which
the temporary manager may expend funds. The temporary manager shall
make no long-term capital investments to the facility without the
permission of the state department. The state department shall
provide the licensee and administrator with a statement of
allegations at the time of appointment. Within 48 hours, the
department shall provide the licensee and the administrator with a
formal statement of cause and concerns. The statement of cause and
concerns shall specify the factual and legal basis for the imposition
of the temporary manager and shall be supported by the declaration
of the director or the director's authorized designee. The statement
of cause and concerns shall notify the licensee of the licensee's
right to petition the Office of Administrative Hearings for a hearing
to contest the appointment of the temporary manager and shall
provide the licensee with a form and appropriate information for the
licensee's use in requesting a hearing.
(f) (1) The licensee of a long-term health care facility may
contest the appointment of the temporary manager by filing a petition
for an order to terminate the appointment of the temporary manager
with the Office of Administrative Hearings, within 60 days from the
date of mailing of the statement of cause and concerns. On the same
day as the petition is filed with the Office of Administrative
Hearings, the licensee shall deliver a copy of the petition to the
office of the director.
(2) Upon receipt of a petition of hearing, the Office of
Administrative Hearings shall set a hearing date and time within five
business days of the receipt of the petition. The office shall
promptly notify the licensee and the state department of the date,
time, and place of the hearing. The office shall assign the case to
an administrative law judge. At the hearing, relevant evidence may be
presented pursuant to Section 11513 of the Government Code. The
administrative law judge shall issue a written decision on the
petition within five business days of the conclusion of the hearing.
The five-day time periods for holding the hearing and rendering a
decision may be extended by the agreement of the parties.
(3) The administrative law judge shall uphold the appointment of
the temporary manager if the state department proves, by a
preponderance of the evidence, that the circumstances specified in
subdivision (c) applied to the facility at the time of the
appointment. The administrative law judge shall order the termination
of the temporary manager if the burden of proof is not satisfied.
(g) The decision of the administrative law judge is subject to
judicial review as provided in Section 1094.5 of the Code of Civil
Procedure by the superior court sitting in the county where the
facility is located. This review may be requested by the licensee of
the facility or the state department by filing a petition seeking
relief from the order. The petition may also request the issuance of
temporary injunctive relief pending the decision on the petition. The
superior court shall hold a hearing within five business days of the
filing of the petition and shall issue a decision on the petition
within five days of the hearing. The state department may be
represented by legal counsel within the state department for purposes
of court proceedings authorized under this section.
(h) If the licensee of the long-term health care facility does not
protest the appointment, it shall continue in accordance with
(i) (1) If the licensee of the long-term health care facility
petitions the Office of Administrative Hearings pursuant to
subdivision (f), the appointment of the temporary manager by the
director pursuant to this section shall continue until it is
terminated by the administrative law judge or by the superior court,
or it shall continue for 30 days from the date the administrative law
judge or the superior court upholds the appointment of the temporary
manager, whichever is earlier.
(2) At any time during the appointment of the temporary manager,
the director may request an extension of the appointment by filing a
petition for hearing with the Office of Administrative Hearings and
serving a copy of the petition on the licensee. The office shall
proceed as specified in paragraph (2) of subdivision (f). The
administrative law judge may extend the appointment of the temporary
manager as follows:
(A) Upon a showing by the state department that the conditions
specified in subdivision (c) continue to exist, an additional 60
(B) Upon a finding that the state department is seeking a
receiver, until the state department has secured the services of a
receiver pursuant to this article.
(3) The licensee or the state department may request review of the
administrative law judge's decision on the extension as provided in
(j) The temporary manager appointed pursuant to this section shall
meet the following qualifications:
(1) Be qualified to oversee correction of deficiencies on the
basis of experience and education.
(2) Not have been found guilty of misconduct by any licensing
(3) Have no financial ownership interest in the facility and have
no member of his or her immediate family who has a financial
ownership interest in the facility.
(4) Not currently serve, or within the past two years have served,
as a member of the staff of the facility.
(5) Be acceptable to the facility.
(k) Payment of the temporary manager's salary or fee shall comply
with the following requirements:
(1) Shall be paid directly by the facility while the temporary
manager is assigned to that facility.
(2) Shall be equivalent to the sum of the following:
(A) The prevailing salary or fee paid by licensees for positions
of the same type in the facility's geographic area.
(B) Additional costs that reasonably would have been incurred by
the licensee if the licensee had been in an employment relationship.
(C) Any other reasonable costs incurred by the appointed temporary
manager in furnishing services pursuant to this section.
(3) May exceed the amount specified in paragraph (2) if the
department is otherwise unable to attract a qualified temporary
( l) The state department may use funds from the Health Facilities
Citation Penalties Account, pursuant to Section 1417.2, to operate
the facility after all other facility revenues are exhausted.
(m) The state department shall adopt regulations for the
administration of this section on or before December 31, 2001.
As used in this article, "long-term health care facility"
means any skilled nursing facility, intermediate care facility,
intermediate care facility/developmentally disabled, intermediate
care facility/developmentally disabled habilitative, intermediate
care facility/developmentally disabled-nursing, intermediate care
facility/developmentally disabled-continuous nursing, or congregate
living health facility licensed pursuant to this chapter.
(a) Whenever circumstances exist indicating that continued
management of a long-term health care facility by the current
licensee would present a substantial probability or imminent danger
of serious physical harm or death to the patients, or there exists in
the facility a condition in substantial violation of this chapter or
the rules and regulations adopted pursuant to this chapter, or the
facility exhibits a pattern or practice of habitual violation of this
chapter or the rules and regulations adopted pursuant thereto, or
the facility is closing or intends to terminate operation as a
licensed long-term health care facility and adequate arrangements for
relocation of residents have not been made at least 30 days prior to
the closing or termination, the director may petition the superior
court for the county in which the long-term health care facility is
located for an order appointing a receiver to temporarily operate the
long-term health care facility in accordance with this article.
The petition shall allege the facts upon which the action is based
and shall be supported by an affidavit of the director. A copy of
the petition and affidavits, together with an order to appear and
show cause why temporary authority to operate the long-term health
care facility should not be vested in a receiver pursuant to this
article, shall be delivered to the licensee, administrator, or a
responsible person at the facility to the attention of the licensee
and administrator. The order shall specify a hearing date, which
shall be not less than five, nor more than 10, days following
delivery of the petition and order upon the licensee, except that the
court may shorten or lengthen the time upon a showing of just cause.
(b) If the director files a petition pursuant to subdivision (a)
for appointment of a receiver to operate a long-term health care
facility, in accordance with Section 564 of the Code of Civil
Procedure, the director may also petition the court, in accordance
with Section 527 of the Code of Civil Procedure, for an order
appointing a temporary receiver. A temporary receiver appointed by
the court pursuant to this subdivision shall serve until the court
has made a final determination on the petition for appointment of a
receiver filed pursuant to subdivision (a). A receiver appointed
pursuant to this subdivision shall have the same powers and duties as
a receiver would have if appointed pursuant to subdivision (a).
At the time of the hearing, the state department shall advise the
licensee of the name of the proposed receiver. The receiver shall be
a licensed nursing home administrator or other responsible person or
entity, as determined by the court, from a list of qualified
receivers established by the state department, with input from
providers of long-term care and consumer representatives. The
department shall consult with the Board of Nursing Home
Administrators, in order to screen potential receivers who are
licensed by the board, and to determine if they are administrators in
good standing. Persons appearing on the list shall have experience
in the delivery of health care services, and, if feasible, shall have
experience with the operation of a long-term health care facility.
The receivers shall have sufficient background and experience in
management and finances to ensure compliance with orders issued by
the court. The owner, licensee, or administrator shall not be
appointed as the receiver unless authorized by the court.
If at the conclusion of the hearing, which may include oral
testimony and cross-examination at the option of any party, the court
determines that adequate grounds exist for the appointment of a
receiver and that there is no other reasonably available remedy to
protect the patients, the court may issue an order appointing a
receiver to temporarily operate the long-term health care facility
and enjoining the licensee from interfering with the receiver in the
conduct of his or her duties. The court shall in any such proceedings
make written findings of fact and conclusions of law, and shall
require an appropriate bond to be filed by the receiver and paid for
by the licensee. The bond shall be in an amount necessary to protect
the licensee in the event of any failure on the part of the receiver
to act in a reasonable manner. The bond requirement may be waived by
The court may permit the licensee to participate in the continued
operation of the facility during the pendency of any receivership
ordered pursuant to this section and shall issue an order detailing
the nature and scope of participation.
Failure of the licensee to appear at the hearing on the petition
shall constitute an admission of all factual allegations contained in
the petition for purposes of these proceedings only.
The licensee shall receive notice and a copy of the application
each time the receiver applies to the court or the state department
for instructions regarding his or her duties under the provisions of
this article, when an accounting pursuant to Section 1330 is
submitted, and when a report pursuant to Section 1332 or other report
is submitted. The licensee shall have an opportunity to present
objections or otherwise participate in any such proceeding.
(c) (1) The director may petition the superior court pursuant to
this section for the county in which any health facility, as defined
in subdivision (e), (g), or (h) of Section 1250, providing long-term
care for persons with developmental disabilities is located, for an
order appointing a temporary receiver to operate the facility for a
maximum of 120 days in accordance with this article.
(2) The state department may provide onsite technical assistance
to the receiver appointed pursuant to this subdivision, if requested
by the receiver, to continue operation of the facility. The technical
assistance may include, but need not be limited to, technical
assistance regarding any of the following:
(A) Staff training and personnel management.
(B) Rate adjustment applications and appeals.
(C) Administrative practices and procedures.
(D) Fiscal management.
(E) Licensing regulations and review procedures.
(3) The state department shall notify the State Department of
Developmental Services and the appropriate regional center, or
centers, of the receivership action.
(4) When the director has determined that the facility specified
in paragraph (1) presents a risk of abruptly closing, but the
director determines that the situation does not require the filing of
a petition with the court for an order appointing a receiver, the
director may provide onsite technical assistance as specified in
paragraph (2) to the operator of the facility if the operator
requests the assistance.
The state department shall investigate within 30 days of
receipt of a complaint alleging that circumstances permitting a
petition for receivership under Section 1327 exist in a long-term
health care facility. The result of the investigation shall be
documented by the state department in the facility file.
In the event that the state department proceeds with a
receivership petition, the state department shall hold an
informational meeting in the affected community for residents, family
members, and interested parties.
Subdivision (b) of Section 1327 shall not be construed to
prohibit the state department from including on its list of qualified
receivers a consortium of community agencies that includes one or
more licensed nursing home administrators, as long as the consortium
is established as a legal entity.
The court may approve receivership arrangements where more than
one individual shares receivership duties, as long as one licensed
nursing home administrator or other responsible person or entity is
the legally appointed receiver.
No person shall impede the operation of a receivership
created under Section 1327. There shall be an automatic stay for a
60-day period subsequent to the appointment of a receiver, of any
action that would interfere with the functioning of the facility,
including, but not limited to, cancellation of insurance policies
executed by the licensees, termination of utility services,
attachments or set-offs of resident trust funds and working capital
accounts and repossession of equipment in the facility.
(a) Notwithstanding any other provision of law, the receiver
shall be liable only for damages resulting from gross negligence in
the operation of the facility or intentional tortious acts.
(b) Notwithstanding any other provision of law, the State of
California shall be liable only for damages resulting from negligence
of the receiver in the operation of the facility.
(c) The licensee shall not be liable for any occurrences during
the receivership except to the extent that the occurrences are the
result of the licensee's conduct.
(a) When a receiver is appointed, the licensee may, at the
discretion of the court, be divested of possession and control of the
facility in favor of the receiver. The receiver appointed pursuant
to this article:
(1) May exercise those powers and shall perform those duties
ordered by the court, in addition to other duties provided by
(2) Shall operate the facility in a manner which assures safety
and adequate health care for the residents.
(3) Shall have the same rights to possession of the building in
which the facility is located, and of all goods and fixtures in the
building at the time the petition for receivership is filed, as the
licensee and administrator would have had if the receiver had not
(4) May use the funds, building, fixtures, furnishings, and any
accompanying consumable goods in the provision of care and services
to residents and to any other persons receiving services from the
facility at the time the petition for receivership was filed.
(5) Shall take title to all revenue coming to the facility in the
name of the receiver who shall use it for the following purposes in
descending order of priority:
(A) To pay wages to staff. The receiver shall have full power to
hire, direct, manage, and discharge employees of the facility,
subject to any contractual rights they may have. The receiver shall
pay employees at the same rate of compensation, including benefits,
that the employees would have received from the licensee.
(B) To preserve patient funds. The receiver shall be entitled to,
and shall take, possession of all property or assets of residents
which are in the possession of the licensee or operator of the
facility. The receiver shall preserve all property, assets, and
records of residents of which the receiver takes possession.
(C) To contract for outside services as may be needed for the
operation of the long-term health care facility. Any contract for
outside services in excess of three thousand dollars ($3,000) shall
be approved by the court.
(D) To pay commercial creditors of the long-term health care
facility. Except as provided in Section 1329.5, the receiver shall
honor all leases, mortgages, and secured transactions affecting the
building in which the facility is located and all goods and fixtures
in the building of which the receiver has taken possession, but only
to the extent of payments which, in the case of a rental agreement,
are for the use of the property during the period of receivership, or
which, in the case of a purchase agreement, come due during the
period of receivership.
(E) To receive a salary, as approved by the court.
(F) To do all things necessary and proper to maintain and operate
the facility in accordance with sound fiscal policies. The receiver
shall take action as is reasonably necessary to protect or conserve
the assets or property of which the receiver takes possession and may
use such assets or property only in the performance of the powers
and duties set out in this section and by order of the court.
(G) To ask the court for direction in the treatment of debts
incurred prior to the appointment, where the licensee's debts appear
extraordinary, of questionable validity, or unrelated to the normal
and expected maintenance and operation of the facility, or where
payment of the debts will interfere with the purposes of
(b) A person who is served with notice of an order of the court
appointing a receiver and of the receiver's name and address shall be
liable to pay the receiver, rather than the licensee, for any goods
or services provided by the long-term health care facility after the
date of the order. The receiver shall give a receipt for each payment
and shall keep a copy of each receipt on file. The receiver shall
deposit amounts received in a special account and shall use this
account for all disbursements. Payment to the receiver pursuant to
this subdivision shall discharge the obligation to the extent of the
payment and shall not thereafter be the basis of a claim by the
licensee or any other person. A resident may not be discharged nor
may any contract or rights be forfeited or impaired, nor may any
forfeiture be effected or liability increased, by reason of an
omission to pay the licensee, operator, or other person a sum paid to
the receiver pursuant to this subdivision.
(c) Nothing contained in this section shall be construed to
suspend, during the temporary management by the receiver, any
obligation of the licensee for payment of local, state, or federal
taxes. No licensee may be held liable for acts or omissions of the
receiver during the term of the temporary management.
(d) Upon petition of the receiver, the court may order immediate
payment to the receiver for past services which have been rendered
and billed, and the court may also order a sum not to exceed one
month's advance payment to the receiver of any sums that will become
payable under the Medi-Cal program.
(a) A receiver may not be required to honor any lease,
mortgage, or secured transaction entered into by the licensee of the
facility and another party if the court finds that the agreement
between the parties was entered into for a collusive, fraudulent
purpose or that the agreement is unrelated to the operation of the
Any lease, mortgage, or secured transaction or any agreement
unrelated to the operation of the facility which the receiver is
permitted to dishonor pursuant to this subdivision shall only be
subject to nonpayment by the receiver for the duration of the
receivership, and the dishonoring of the lease, mortgage, security
interest, or other agreement, to this extent, by the receiver shall
not relieve the owner or operator of the facility from any liability
for the full amount due under the lease, mortgage, security interest,
or other agreement.
(b) If the receiver is in possession of real estate or goods
subject to a lease, mortgage, or security interest which the receiver
is permitted to avoid pursuant to subdivision (a), and if the real
estate or goods are necessary for the continued operation of the
facility, the receiver may apply to the court to set a reasonable
rent, price, or rate of interest to be paid by the receiver during
the duration of the receivership. The court shall hold a hearing on
this application within 15 days. The receiver shall send notice of
the application to any known owner of the property involved at least
10 days prior to the hearing.
Payment by the receiver of the amount determined by the court to
be reasonable is a defense to any action against the receiver for
payment or possession of the goods or real estate, subject to the
lease or mortgage, which is brought by any person who received the
notice required by this subdivision. However, payment by the receiver
of the amount determined by the court to be reasonable shall not
relieve the owner or operator of the facility from any liability for
the difference between the amount paid by the receiver and the amount
due under the original lease, mortgage, or security interest.
A monthly accounting shall be made by the receiver to the
state department of all moneys received and expended by the receiver
on or before the 15th day of the following month or as ordered by the
court, and the remainder of income over expenses for such month
shall be returned to the licensee. A copy of the accounting shall be
provided to the licensee. The licensee or owner of the long-term
health care facility may petition the court for a determination as to
the reasonableness of any expenditure made pursuant to paragraph (5)
of subdivision (a) of Section 1329.
(a) The receiver shall be appointed for an initial period of
not more than six months. The initial six-month period may be
extended for additional periods not exceeding six months, as
determined by the court pursuant to this section. At the end of four
months, the receiver shall report to the court on its assessment of
the probability that the long-term health care facility will meet
state standards for operation by the end of the initial six-month
period and will continue to maintain compliance with those standards
after termination of the receiver's management. If it appears that
the facility cannot be brought into compliance with state standards
within the initial six-month period, the court shall take appropriate
action as follows:
(1) Extend the receiver's management for an additional six months
if there is a substantial likelihood that the facility will meet
state standards within that period and will maintain compliance with
the standards after termination of the receiver's management. The
receiver shall report to the court in writing upon the facility's
progress at the end of six weeks of any extension ordered pursuant to
(2) Order the director to revoke or temporarily suspend, or both,
the license pursuant to Section 1296 and extend the receiver's
management for the period necessary to transfer patients in
accordance with the transfer plan, but for not more than six months
from the date of initial appointment of a receiver, or 14 days,
whichever is greater. An extension of an additional six months may be
granted if deemed necessary by the court.
(b) If it appears at the end of six weeks of an extension ordered
pursuant to paragraph (1) of subdivision (a) that the facility cannot
be brought into compliance with state standards for operation or
that it will not maintain compliance with those standards after the
receiver's management is terminated, the court shall take appropriate
action as specified in paragraph (2) of subdivision (a).
(c) In evaluating the probability that a long-term health care
facility will maintain compliance with state standards of operation
after the termination of receiver management ordered by the court,
the court shall consider at least the following factors:
(1) The duration, frequency, and severity of past violations in
(2) History of compliance in other long-term health care
facilities operated by the proposed licensee.
(3) Efforts by the licensee to prevent and correct past
(4) The financial ability of the licensee to operate in compliance
with state standards.
(5) The recommendations and reports of the receiver.
(d) Management of a long-term health care facility operated by a
receiver pursuant to this article shall not be returned to the
licensee, to any person related to the licensee, or to any person who
served as a member of the facility's staff or who was employed by
the licensee prior to the appointment of the receiver unless both of
the following conditions are met:
(1) The department believes that it would be in the best interests
of the residents of the facility, requests that the court return the
operation of the facility to the former licensee, and provides clear
and convincing evidence to the court that it is in the best
interests of the facility's residents to take that action.
(2) The court finds that the licensee has fully cooperated with
the department in the appointment and ongoing activities of a
receiver appointed pursuant to this section, and, if applicable, any
temporary manager appointed pursuant to Section 1325.5.
(e) The owner of the facility may at any time sell, lease, or
close the facility, subject to the following provisions:
(1) If the owner closes the facility, or the sale or lease results
in the closure of the facility, the court shall determine if a
transfer plan is necessary. If the court so determines, the court
shall adopt and implement a transfer plan of not more than 30 days.
(2) If the licensee proposes to sell or lease the facility and the
facility will continue to operate as a long-term health care
facility, the court and the state department shall reevaluate any
proposed transfer plan. If the court and the state department
determine that the sale or lease of the facility will result in
compliance with licensing standards, the transfer plan and the
receivership shall, subject to those conditions that the court may
impose and enforce, be terminated upon the effective date of the sale
The salary of the receiver shall be set by the court
commensurate with long-term health care facility industry standards,
giving due consideration to the difficulty of the duties undertaken,
and shall be paid from the revenue coming to the facility. If the
revenue is insufficient to pay the salary in addition to other
expenses of the operating facility, the receiver's salary shall be
paid from the General Fund.
(a) To the extent state funds are advanced for the salary of
the receiver or for other expenses in connection with the
receivership, as limited by subdivision (d) of Section 1329, the
state shall be reimbursed from the revenues accruing to the facility
or to the licensee or an entity related to the licensee. Any
reimbursement received by the state shall be redeposited in the
account from which the state funds were advanced. If the revenues are
insufficient to reimburse the state, the unreimbursed amount shall
constitute a lien upon the assets of the facility or the proceeds
from the sale thereof. The lien shall not attach to the interests of
a lessor, unless the lessor is operating the facility.
(b) For purposes of this section, "entity related to the licensee"
means an entity, other than a natural person, of which the licensee
is a subsidiary or an entity in which any person who was obligated to
disclose information under Section 1267.5 possesses an interest that
would also require disclosure pursuant to Section 1267.5.
(a) Nothing in this article shall impair the right of the
owner of a long-term health care facility to dispose of his or her
property interests in the facility, but any facility operated by a
receiver pursuant to this article shall remain subject to such
administration until terminated by the court. The termination shall
be promptly effectuated, provided that the interests of the patients
have been safeguarded as determined by the court.
(b) Nothing in this article shall limit the power of the court to
appoint a receiver under any other applicable provision of law or to
order any other remedy available under law.
The state department shall adopt regulations for the
administration of this article. Nothing in this article shall impair
the authority of the state department to temporarily suspend licenses
under Section 1296 or to reach a voluntary agreement with the
licensee for alternate management of a long-term health care
facility. Nothing in this article shall authorize the state
department to interfere in any labor dispute.