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A00232 Summary:

BILL NOA00232C
 
SAME ASNo Same As
 
SPONSORGottfried
 
COSPNSRDarling, Woerner, Galef, Barron, Dinowitz, Bronson, Gonzalez-Rojas, Cusick, Steck, Anderson, Simon, Jacobson, Cook, Colton, Forrest, Santabarbara, Griffin, Walker, Weinstein, Burgos, Taylor, Fernandez, Carroll, Cruz, Epstein, Lunsford, Clark, Bichotte Hermelyn, Zebrowski, Peoples-Stokes, Rosenthal L, Reyes, Fall
 
MLTSPNSR
 
Amd §§12 & 309, 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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A00232 Actions:

BILL NOA00232C
 
01/06/2021referred to health
01/21/2021amend and recommit to health
01/21/2021print number 232a
02/02/2021reported referred to codes
03/01/2021amend and recommit to codes
03/01/2021print number 232b
03/02/2021amend and recommit to codes
03/02/2021print number 232c
03/09/2021reported referred to rules
03/09/2021reported
03/09/2021rules report cal.34
03/09/2021ordered to third reading rules cal.34
03/09/2021passed assembly
03/09/2021delivered to senate
03/09/2021REFERRED TO HEALTH
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A00232 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A232C
 
SPONSOR: Gottfried
  TITLE OF BILL: 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   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 and 309 to increase State and local health fines from the current $2,000 to $10,000 range per violation to $3,000 ($5,000 for nursing homes or general hospitals) to $20,000; and deposit penalties garnered from nursing homes into the nursing home quality improvement demonstration program.   JUSTIFICATION: PHL § 12 and 309 are the basic frameworks 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 2019-2020: A.4756 - reported to Codes Committee   FISCAL IMPLICATIONS: None   EFFECTIVE DATE:
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A00232 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         232--C
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  GOTTFRIED,  DARLING, WOERNER, GALEF, BARRON,
          DINOWITZ, BRONSON, GONZALEZ-ROJAS,  CUSICK,  STECK,  ANDERSON,  SIMON,
          JACOBSON,  COOK,  COLTON -- read once and referred to the Committee on
          Health -- committee discharged, bill  amended,  ordered  reprinted  as
          amended  and recommitted to said committee -- reported and referred to
          the Committee on Codes -- committee discharged, bill amended,  ordered
          reprinted  as  amended  and  recommitted  to  said  committee -- again
          reported from said committee with  amendments,  ordered  reprinted  as
          amended and recommitted to said committee
 
        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] three thousand dollars for every
    10  such violation. Where the violation is committed by an operator  or  any
    11  person  or  entity  that contracts with an operator of a nursing home or
    12  general hospital under article twenty-eight of this chapter or  a  resi-
    13  dential  care program for adults authorized to operate by the department
    14  under article seven of the social services law, the  penalty  shall  not
    15  exceed five thousand dollars for every such violation.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00268-05-1

        A. 232--C                           2
 
     1    (b)  The penalty provided for in paragraph (a) of this subdivision may
     2  be increased to an amount not to exceed [five] ten thousand dollars  for
     3  a  subsequent violation if the person committed the same violation, with
     4  respect to the same or any other person or persons, within twelve months
     5  of  the  initial  violation for which a penalty was assessed pursuant to
     6  paragraph (a) of this subdivision and said  violations  were  a  serious
     7  threat to the health and safety of an individual or individuals.
     8    (c)  The penalty provided for in paragraph (a) of this subdivision may
     9  be increased to an amount not to exceed [ten] twenty thousand dollars if
    10  the violation directly results in serious physical harm to  any  patient
    11  or patients.
    12    (d)  Effective  on and after April first, two thousand eight the comp-
    13  troller is hereby authorized and directed to deposit amounts, except  as
    14  provided  by  paragraph  (e) of this subdivision, collected in excess of
    15  two thousand dollars per violation to the patient safety center  account
    16  to  be  used  for purposes of the patient safety center created by title
    17  two of article twenty-nine-D of this chapter.
    18    (e) Amounts collected from an operator  of  a  nursing  home  licensed
    19  under  article  twenty-eight  of  this chapter in excess of ten thousand
    20  dollars per violation may be transferred as determined  by  the  commis-
    21  sioner to the nursing home quality improvement demonstration program, to
    22  be used under subdivision six of section twenty-eight hundred eight-d of
    23  this  chapter  in  support of   projects or programs designed to improve
    24  specific areas of quality of care.
    25    § 2. Paragraph (f) of subdivision 1  of  section  309  of  the  public
    26  health law, as amended by chapter 193 of the laws of 2011, is amended to
    27  read as follows:
    28    (f)  prescribe and impose penalties for the violation of or failure to
    29  comply with any of its orders or regulations, or any of the  regulations
    30  of  the  state sanitary code, not exceeding [two] three thousand dollars
    31  for a single violation or failure, to be sued for and recovered by it in
    32  any court of competent jurisdiction; and
    33    § 3. This act shall take effect immediately; provided that the  amend-
    34  ments  to  subdivision  1 of section 12 of the public health law made by
    35  section one of this act shall not affect the expiration of such subdivi-
    36  sion and shall be deemed to expire therewith.
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