senate Bill S6278

2011-2012 Legislative Session

Relates to penalties for violations relating to residential care programs for adults

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 22, 2012 reported and committed to finance
Jan 19, 2012 referred to social services

Votes

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May 22, 2012 - Social Services committee Vote

S6278
5
0
committee
5
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Social Services committee vote details

Social Services Committee Vote: May 22, 2012

excused (1)

Co-Sponsors

S6278 - Details

See Assembly Version of this Bill:
A8862
Law Section:
Social Services Law
Laws Affected:
Amd ยง460-d, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:
A8862

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

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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