NY State Assembly Bill 2021-A232C

Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	ordered to third reading cal.12 returned to assembly died in senate
Mar 09, 2021	referred to health delivered to senate passed assembly ordered to third reading rules cal.34 rules report cal.34 reported reported referred to rules
Mar 02, 2021	print number 232c
Mar 02, 2021	amend and recommit to codes
Mar 01, 2021	print number 232b
Mar 01, 2021	amend and recommit to codes
Feb 02, 2021	reported referred to codes
Jan 21, 2021	print number 232a
Jan 21, 2021	amend and recommit to health
Jan 06, 2021	referred to health

Bill Amendments

Original

C (Active)

co-Sponsors

2021-A232 - Details

Law Section:: Public Health Law
Laws Affected:: Amd §§12 & 309, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A4756
2023-2024: A5372
2025-2026: A1118

2021-A232 - Summary

Increases monetary penalties for public health law violations; provides support for the nursing home quality improvement demonstration program.

2021-A232 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    232
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED, DARLING, WOERNER -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00268-01-1

 A. 232                              2
 
 PROVIDED BY PARAGRAPH (E) OF THIS SUBDIVISION, collected  in  excess  of
 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.

co-Sponsors

View additional co-sponsors

2021-A232A - Details

Law Section:: Public Health Law
Laws Affected:: Amd §§12 & 309, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A4756
2023-2024: A5372
2025-2026: A1118

2021-A232A - Summary

Increases monetary penalties for public health law violations; provides support for the nursing home quality improvement demonstration program.

2021-A232A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  232--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED, DARLING, WOERNER -- read once and
   referred to the Committee on  Health  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00268-02-1

 A. 232--A                           2
 
   (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
 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. Paragraph (f) of subdivision 1  of  section  309  of  the  public
 health law, as amended by chapter 193 of the laws of 2011, is amended to
 read as follows:
   (f)  prescribe and impose penalties for the violation of or failure to
 comply with any of its orders or regulations, or any of the  regulations
 of  the  state  sanitary code, not exceeding [two] FIVE thousand dollars
 for a single violation or failure, to be sued for and recovered by it in
 any court of competent jurisdiction; and
   § 3. 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.

co-Sponsors

View additional co-sponsors

2021-A232B - Details

Law Section:: Public Health Law
Laws Affected:: Amd §§12 & 309, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A4756
2023-2024: A5372
2025-2026: A1118

2021-A232B - Summary

Increases monetary penalties for public health law violations; provides support for the nursing home quality improvement demonstration program.

2021-A232B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  232--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED,  DARLING, WOERNER, GALEF, BARRON,
   DINOWITZ, BRONSON, GONZALEZ-ROJAS,  CUSICK,  STECK,  ANDERSON,  SIMON,
   JACOBSON, COOK -- read once and referred to the Committee on Health --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- reported and referred to the  Commit-
   tee  on Codes -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00268-03-1

 A. 232--B                           2
 
   (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
 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-D  OF  THIS  CHAPTER  IN  SUPPORT OF   PROJECTS OR
 PROGRAMS DESIGNED TO IMPROVE SPECIFIC AREAS OF QUALITY OF CARE.
   § 2. Paragraph (f) of subdivision 1  of  section  309  of  the  public
 health law, as amended by chapter 193 of the laws of 2011, is amended to
 read as follows:
   (f)  prescribe and impose penalties for the violation of or failure to
 comply with any of its orders or regulations, or any of the  regulations
 of  the  state  sanitary code, not exceeding [two] FIVE thousand dollars
 for a single violation or failure, to be sued for and recovered by it in
 any court of competent jurisdiction; and
   § 3. 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.

co-Sponsors

View additional co-sponsors

2021-A232C (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Amd §§12 & 309, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A4756
2023-2024: A5372
2025-2026: A1118

2021-A232C (ACTIVE) - Summary

Increases monetary penalties for public health law violations; provides support for the nursing home quality improvement demonstration program.

2021-A232C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  232--C
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED,  DARLING, WOERNER, GALEF, BARRON,
   DINOWITZ, BRONSON, GONZALEZ-ROJAS,  CUSICK,  STECK,  ANDERSON,  SIMON,
   JACOBSON,  COOK,  COLTON -- read once and referred to the Committee on
   Health -- committee discharged, bill  amended,  ordered  reprinted  as
   amended  and recommitted to said committee -- reported and referred to
   the Committee on Codes -- committee discharged, bill amended,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee
 
 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] THREE thousand dollars for every
 such violation. WHERE THE VIOLATION IS COMMITTED BY AN OPERATOR  OR  ANY
 PERSON  OR  ENTITY  THAT CONTRACTS WITH AN OPERATOR OF A NURSING HOME OR
 GENERAL HOSPITAL UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR  A  RESI-
 DENTIAL  CARE PROGRAM FOR ADULTS AUTHORIZED TO OPERATE BY THE DEPARTMENT
 UNDER ARTICLE SEVEN OF THE SOCIAL SERVICES LAW, THE  PENALTY  SHALL  NOT
 EXCEED FIVE THOUSAND DOLLARS FOR EVERY SUCH VIOLATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00268-05-1

 A. 232--C                           2
 
   (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
 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  NURSING  HOME  LICENSED
 UNDER  ARTICLE  TWENTY-EIGHT  OF  THIS CHAPTER IN EXCESS OF TEN THOUSAND
 DOLLARS PER VIOLATION MAY BE TRANSFERRED AS DETERMINED  BY  THE  COMMIS-
 SIONER TO THE NURSING HOME QUALITY IMPROVEMENT DEMONSTRATION PROGRAM, TO
 BE USED UNDER SUBDIVISION SIX OF SECTION TWENTY-EIGHT HUNDRED EIGHT-D OF
 THIS  CHAPTER  IN  SUPPORT OF   PROJECTS OR PROGRAMS DESIGNED TO IMPROVE
 SPECIFIC AREAS OF QUALITY OF CARE.
   § 2. Paragraph (f) of subdivision 1  of  section  309  of  the  public
 health law, as amended by chapter 193 of the laws of 2011, is amended to
 read as follows:
   (f)  prescribe and impose penalties for the violation of or failure to
 comply with any of its orders or regulations, or any of the  regulations
 of  the  state sanitary code, not exceeding [two] THREE thousand dollars
 for a single violation or failure, to be sued for and recovered by it in
 any court of competent jurisdiction; and
   § 3. 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.

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Assembly Bill A232C

Sponsored By

Archive: Last Bill Status - On Floor Calendar

Actions

Bill Amendments

co-Sponsors

2021-A232 - Details

2021-A232 - Summary

2021-A232 - Bill Text download pdf

co-Sponsors

2021-A232A - Details

2021-A232A - Summary

2021-A232A - Bill Text download pdf

co-Sponsors

2021-A232B - Details

2021-A232B - Summary

2021-A232B - Bill Text download pdf

co-Sponsors

2021-A232C (ACTIVE) - Details

2021-A232C (ACTIVE) - Summary

2021-A232C (ACTIVE) - Bill Text download pdf

Comments

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Assembly Bill A232C

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Sponsored By

GOTTFRIED

Archive: Last Bill Status - On Floor Calendar

Actions

Bill Amendments

co-Sponsors

Taylor Darling

Carrie Woerner

2021-A232 - Details

2021-A232 - Summary

2021-A232 - Bill Text download pdf

co-Sponsors

Taylor Darling

Carrie Woerner

Sandy Galef

Charles Barron

2021-A232A - Details

2021-A232A - Summary

2021-A232A - Bill Text download pdf

co-Sponsors

Taylor Darling

Carrie Woerner

Sandy Galef

Charles Barron

2021-A232B - Details

2021-A232B - Summary

2021-A232B - Bill Text download pdf

co-Sponsors

Taylor Darling

Carrie Woerner

Sandy Galef

Charles Barron

2021-A232C (ACTIVE) - Details

2021-A232C (ACTIVE) - Summary

2021-A232C (ACTIVE) - Bill Text download pdf

Comments