|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 22, 2012||reported and committed to finance|
|Jan 19, 2012||referred to social services|
senate Bill S6278
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S6278 - Details
S6278 - Summary
Relates to increasing penalties for violations relating to residential care programs for adults and children; and amends provisions relating to determination of violations.
S6278 - Sponsor Memo
BILL NUMBER:S6278 TITLE OF BILL: An act to amend the social services law, in relation to penalties for violations relating to residential care programs for adults PURPOSE: Strengthen the enforcement powers of the Department of Health and distinguish violations that endanger residents from those that do not. SUMMARY OF SPECIFIC PROVISIONS: Amends Social Services Law section 460-d to increase potential penalties from $1,000 per day to $5,000 per violation per day. Rectification within 30 days will no longer mitigate a penalty for violations that endanger residents or have caused harm. Categories of violations that fall short of endangerment or injury are enumerated. JUSTIFICATION: Assisted living residence and adult homes are the fastest growing form of senior housing in New York State. Currently,
S6278 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6278 I N S E N A T E January 19, 2012 ___________ Introduced by Sen. GRISANTI -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services AN ACT to amend the social services law, in relation to penalties for violations relating to residential care programs for adults THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 7 and paragraphs (a) and (b) of subdivision 9 of section 460-d of the social services law, subdivision 7 as added by chapter 669 of the laws of 1977, paragraph (a) of subdivision 7 as amended by chapter 719 of the laws of 1989, paragraph (b) of subdivision 7 as amended by chapter 524 of the laws of 1984, subparagraph 2 of para- graph (b) of subdivision 7 as amended by chapter 733 of the laws of 1994, paragraph (a) of subdivision 9 as amended by chapter 558 of the laws of 1999 and paragraph (b) of subdivision 9 as added by chapter 848 of the laws of 1992, are amended to read as follows: 7. (a) The department shall adopt regulations establishing civil penalties of up to [one] FIVE thousand dollars PER VIOLATION per day to be assessed against all adult care facilities except facilities operated by a social services district for violations of (i) regulations of the department pertaining to the care of residents in such facilities, (ii) paragraph (a) of subdivision three of section four hundred sixty-one-a of this [chapter] ARTICLE, or (iii) an order issued pursuant to subdivi- sion eight of this section. The regulations shall specify the violations subject to penalty and the amount of the penalty to be assessed in connection with each such violation and shall specify that only civil penalties of up to [one] FIVE thousand dollars PER VIOLATION per day [per violation] shall be assessed pursuant to this paragraph against an adult care facility found responsible for an act of retaliation or reprisal against any resident, employee, or other person for having filed a complaint with or having provided information to any long term care [patient] ombudsman functioning in accordance with section [five hundred forty-four or five hundred forty-five] TWO HUNDRED EIGHTEEN of the [executive] ELDER law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13829-02-2
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