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Assembly Bill A6147

2019-2020 Legislative Session

Relates to increasing civil penalties

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Archive: Last Bill Status - In Assembly Committee

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2019-A6147 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §12, Pub Health L; amd Part A §32, Chap 58 of 2008
Versions Introduced in 2017-2018 Legislative Session:
A6962

2019-A6147 (ACTIVE) - Summary

Relates to increasing civil penalties for violations of health laws or regulations from $2,000 to $10,000, $5,000 to $25,000 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 and $10,000 to $50,000 if the violation directly results in serious physical harm to any patient or patients; makes such provisions permanent.

2019-A6147 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6147
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 28, 2019
                                ___________
 
 Introduced  by  M. of A. RYAN -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law, in relation to  increasing  civil
   penalties;  and  to  amend  part  A of chapter 58 of the laws of 2008,
   amending the elder law and other laws  relating  to  reimbursement  to
   participating  provider  pharmacies and prescription drug coverage, in
   relation to the effectiveness thereof
 
   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] TEN 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] TWENTY-FIVE 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 individ-
 ual or individuals.
   (c) The penalty provided for in paragraph (a) of this subdivision  may
 be  increased to an amount not to exceed [ten] FIFTY 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
                       [ ] is old law to be omitted.

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