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A04756 Summary:

BILL NOA04756
 
SAME ASNo Same As
 
SPONSORGottfried
 
COSPNSR
 
MLTSPNSR
 
Amd 12, Pub Health L
 
Increases monetary penalties for public health law violations and provides support for the nursing home quality improvement demonstration program.
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A04756 Actions:

BILL NOA04756
 
02/05/2019referred to health
02/28/2019reported referred to codes
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A04756 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4756
 
SPONSOR: Gottfried
  TITLE OF BILL: An act to amend the public health law, in relation to increasing monetary penalties for public health law violations and providing support for the nursing home quality improvement demonstration program   PURPOSE OR GENERAL IDEA OF BILL: To update money penalties to better deter bad behavior and incentivize the correction of violations by health facilities and providers.   SUMMARY OF SPECIFIC PROVISIONS: Amends PHL § 12 to increase fines from the current $2,000-10,000 range per violation to $5,000-$20,000; and deposit penalties garnered from nursing homes into the nursing home quality improvement demonstration program.   JUSTIFICATION: PHL § 12 is the basic framework for money penalties relating to violations of the PHL, where other monetary penalties are not specif- ically written in statute. The $2,000 floor amount has not been updated since 1990. The escalated amounts relating to repeat violations or endangerment have not been updated since 2008. PHL money penalties are outdated and non-threatening, considered by too many as a "cost of doing business." This bill will dedicate amounts garnered from actions against nursing homes to quality improvement in other, deserving facilities.   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: Immediately.
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A04756 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4756
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 5, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
          Committee on Health
 
        AN ACT to amend the public health law, in relation to  increasing  mone-
          tary  penalties for public health law violations and providing support
          for the nursing home quality improvement demonstration program

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  1 of section 12 of the public health law, as
     2  amended by section 16 of part A of chapter 58 of the laws  of  2008,  is
     3  amended to read as follows:
     4    1.  (a)  Except as provided in paragraphs (b) and (c) of this subdivi-
     5  sion, any person who  violates,  disobeys  or  disregards  any  term  or
     6  provision  of  this chapter or of any lawful notice, order or regulation
     7  pursuant thereto for which a civil penalty is  not  otherwise  expressly
     8  prescribed  by  law,  shall  be  liable to the people of the state for a
     9  civil penalty of not to exceed [two] five  thousand  dollars  for  every
    10  such violation.
    11    (b)  The penalty provided for in paragraph (a) of this subdivision may
    12  be increased to an amount not to exceed [five] ten thousand dollars  for
    13  a  subsequent violation if the person committed the same violation, with
    14  respect to the same or any other person or persons, within twelve months
    15  of the initial violation for which a penalty was  assessed  pursuant  to
    16  paragraph  (a)  of  this  subdivision and said violations were a serious
    17  threat to the health and safety of an individual or individuals.
    18    (c) The penalty provided for in paragraph (a) of this subdivision  may
    19  be increased to an amount not to exceed [ten] twenty thousand dollars if
    20  the  violation  directly results in serious physical harm to any patient
    21  or patients.
    22    (d) Effective on and after April first, two thousand eight  the  comp-
    23  troller  is hereby authorized and directed to deposit amounts, except as
    24  provided by paragraph (e) of this subdivision, collected  in  excess  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07353-01-9

        A. 4756                             2
 
     1  two  thousand dollars per violation to the patient safety center account
     2  to be used for purposes of the patient safety center  created  by  title
     3  two of article twenty-nine-D of this chapter.
     4    (e)  Amounts  collected  from an operator of a residential health care
     5  facility licensed under article twenty-eight of this chapter  in  excess
     6  of  ten  thousand dollars per violation may be transferred as determined
     7  by the commissioner to  the  nursing  home  quality  improvement  demon-
     8  stration  program,  to  be used under subdivision six of section twenty-
     9  eight hundred eight of this chapter in support of  projects or  programs
    10  designed to improve specific areas of quality of care.
    11    §  2. This act shall take effect immediately; provided that the amend-
    12  ments to subdivision 1 of section 12 of the public health  law  made  by
    13  section one of this act shall not affect the expiration of such subdivi-
    14  sion and shall be deemed to expire therewith.
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