Assembly Bill A232C

2021-2022 Legislative Session

Relates to increasing monetary penalties for public health law violations

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

co-Sponsors

2021-A232 - Details

Law Section:
Public Health Law
Laws Affected:
Amd §§12 & 309, Pub Health L
Versions Introduced in Other Legislative Sessions:
2019-2020: A4756
2023-2024: A5372

2021-A232 - Summary

Increases monetary penalties for public health law violations; provides support for the nursing home quality improvement demonstration program.

2021-A232 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    232
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED, DARLING, WOERNER -- 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:
 
   Section  1.  Subdivision  1 of section 12 of the public health law, as
 amended by section 16 of part A of chapter 58 of the laws  of  2008,  is
 amended to read as follows:
   1.  (a)  Except as provided in paragraphs (b) and (c) of this subdivi-
 sion, any person who  violates,  disobeys  or  disregards  any  term  or
 provision  of  this chapter or of any lawful notice, order or regulation
 pursuant thereto for which a civil penalty is  not  otherwise  expressly
 prescribed  by  law,  shall  be  liable to the people of the state for a
 civil penalty of not to exceed [two] FIVE  thousand  dollars  for  every
 such violation.
   (b)  The penalty provided for in paragraph (a) of this subdivision may
 be increased to an amount not to exceed [five] TEN thousand dollars  for
 a  subsequent violation if the person committed the same violation, with
 respect to the same or any other person or persons, within twelve months
 of the initial violation for which a penalty was  assessed  pursuant  to
 paragraph  (a)  of  this  subdivision and said violations were a serious
 threat to the health and safety of an individual or individuals.
   (c) The penalty provided for in paragraph (a) of this subdivision  may
 be increased to an amount not to exceed [ten] TWENTY thousand dollars if
 the  violation  directly results in serious physical harm to any patient
 or patients.
   (D) Effective on and after April first, two thousand eight  the  comp-
 troller  is hereby authorized and directed to deposit amounts, EXCEPT AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

2021-A232A - Details

Law Section:
Public Health Law
Laws Affected:
Amd §§12 & 309, Pub Health L
Versions Introduced in Other Legislative Sessions:
2019-2020: A4756
2023-2024: A5372

2021-A232A - Summary

Increases monetary penalties for public health law violations; provides support for the nursing home quality improvement demonstration program.

2021-A232A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  232--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED, DARLING, WOERNER -- read once and
   referred to the Committee on  Health  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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:
 
   Section  1.  Subdivision  1 of section 12 of the public health law, as
 amended by section 16 of part A of chapter 58 of the laws  of  2008,  is
 amended to read as follows:
   1.  (a)  Except as provided in paragraphs (b) and (c) of this subdivi-
 sion, any person who  violates,  disobeys  or  disregards  any  term  or
 provision  of  this chapter or of any lawful notice, order or regulation
 pursuant thereto for which a civil penalty is  not  otherwise  expressly
 prescribed  by  law,  shall  be  liable to the people of the state for a
 civil penalty of not to exceed [two] FIVE  thousand  dollars  for  every
 such violation.
   (b)  The penalty provided for in paragraph (a) of this subdivision may
 be increased to an amount not to exceed [five] TEN thousand dollars  for
 a  subsequent violation if the person committed the same violation, with
 respect to the same or any other person or persons, within twelve months
 of the initial violation for which a penalty was  assessed  pursuant  to
 paragraph  (a)  of  this  subdivision and said violations were a serious
 threat to the health and safety of an individual or individuals.
   (c) The penalty provided for in paragraph (a) of this subdivision  may
 be increased to an amount not to exceed [ten] TWENTY thousand dollars if
 the  violation  directly results in serious physical harm to any patient
 or patients.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

2021-A232B - Details

Law Section:
Public Health Law
Laws Affected:
Amd §§12 & 309, Pub Health L
Versions Introduced in Other Legislative Sessions:
2019-2020: A4756
2023-2024: A5372

2021-A232B - Summary

Increases monetary penalties for public health law violations; provides support for the nursing home quality improvement demonstration program.

2021-A232B - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  232--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED,  DARLING, WOERNER, GALEF, BARRON,
   DINOWITZ, BRONSON, GONZALEZ-ROJAS,  CUSICK,  STECK,  ANDERSON,  SIMON,
   JACOBSON, COOK -- 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  Commit-
   tee  on Codes -- committee discharged, bill amended, 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:
 
   Section  1.  Subdivision  1 of section 12 of the public health law, as
 amended by section 16 of part A of chapter 58 of the laws  of  2008,  is
 amended to read as follows:
   1.  (a)  Except as provided in paragraphs (b) and (c) of this subdivi-
 sion, any person who  violates,  disobeys  or  disregards  any  term  or
 provision  of  this chapter or of any lawful notice, order or regulation
 pursuant thereto for which a civil penalty is  not  otherwise  expressly
 prescribed  by  law,  shall  be  liable to the people of the state for a
 civil penalty of not to exceed [two] FIVE  thousand  dollars  for  every
 such violation.
   (b)  The penalty provided for in paragraph (a) of this subdivision may
 be increased to an amount not to exceed [five] TEN thousand dollars  for
 a  subsequent violation if the person committed the same violation, with
 respect to the same or any other person or persons, within twelve months
 of the initial violation for which a penalty was  assessed  pursuant  to
 paragraph  (a)  of  this  subdivision and said violations were a serious
 threat to the health and safety of an individual or individuals.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A232C (ACTIVE) - Details

Law Section:
Public Health Law
Laws Affected:
Amd §§12 & 309, Pub Health L
Versions Introduced in Other Legislative Sessions:
2019-2020: A4756
2023-2024: A5372

2021-A232C (ACTIVE) - Summary

Increases monetary penalties for public health law violations; provides support for the nursing home quality improvement demonstration program.

2021-A232C (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  232--C
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (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:
 
   Section 1. Subdivision 1 of section 12 of the public  health  law,  as
 amended  by  section  16 of part A of chapter 58 of the laws of 2008, is
 amended to read as follows:
   1. (a) Except as provided in paragraphs (b) and (c) of  this  subdivi-
 sion,  any  person  who  violates,  disobeys  or  disregards any term or
 provision of this chapter or of any lawful notice, order  or  regulation
 pursuant  thereto  for  which a civil penalty is not otherwise expressly
 prescribed by law, shall be liable to the people  of  the  state  for  a
 civil  penalty  of  not to exceed [two] THREE thousand dollars for every
 such violation. WHERE THE VIOLATION IS COMMITTED BY AN OPERATOR  OR  ANY
 PERSON  OR  ENTITY  THAT CONTRACTS WITH AN OPERATOR OF A NURSING HOME OR
 GENERAL HOSPITAL UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR  A  RESI-
 DENTIAL  CARE PROGRAM FOR ADULTS AUTHORIZED TO OPERATE BY THE DEPARTMENT
 UNDER ARTICLE SEVEN OF THE SOCIAL SERVICES LAW, THE  PENALTY  SHALL  NOT
 EXCEED FIVE THOUSAND DOLLARS FOR EVERY SUCH VIOLATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.