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.