S T A T E O F N E W Y O R K
________________________________________________________________________
4756
2019-2020 Regular Sessions
I N A S S E M B L Y
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:
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
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
two thousand dollars per violation to the patient safety center account
to be used for purposes of the patient safety center created by title
two of article twenty-nine-D of this chapter.
(E) AMOUNTS COLLECTED FROM AN OPERATOR OF A RESIDENTIAL HEALTH CARE
FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER IN EXCESS
OF TEN THOUSAND DOLLARS PER VIOLATION MAY BE TRANSFERRED AS DETERMINED
BY THE COMMISSIONER TO THE NURSING HOME QUALITY IMPROVEMENT DEMON-
STRATION PROGRAM, TO BE USED UNDER SUBDIVISION SIX OF SECTION TWENTY-
EIGHT HUNDRED EIGHT OF THIS CHAPTER IN SUPPORT OF PROJECTS OR PROGRAMS
DESIGNED TO IMPROVE SPECIFIC AREAS OF QUALITY OF CARE.
§ 2. This act shall take effect immediately; provided that the amend-
ments to subdivision 1 of section 12 of the public health law made by
section one of this act shall not affect the expiration of such subdivi-
sion and shall be deemed to expire therewith.