senate Bill S1576A

2021-2022 Legislative Session

Relates to violations of safety conditions in adult care facilities

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Health 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 (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 17, 2022 print number 1576c
May 17, 2022 amend and recommit to health
May 16, 2022 print number 1576b
May 16, 2022 amend and recommit to health
Jan 24, 2022 print number 1576a
Jan 24, 2022 amend and recommit to health
Jan 05, 2022 referred to health
Jun 10, 2021 committed to rules
Mar 11, 2021 advanced to third reading
Mar 10, 2021 2nd report cal.
Mar 09, 2021 1st report cal.539
Jan 13, 2021 referred to health

Votes

view votes

Mar 9, 2021 - Health committee Vote

S1576
8
4
committee
8
Aye
4
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 9, 2021

aye wr (3)

Co-Sponsors

view additional co-sponsors

S1576 - Details

See Assembly Version of this Bill:
A196
Current Committee:
Senate Health
Law Section:
Social Services Law
Laws Affected:
Amd §§460-d, 461-c, 461-d, 461-e & 461-a, Soc Serv L; amd §29.15, Ment Hyg L
Versions Introduced in 2019-2020 Legislative Session:
S3460, A4416

S1576 - Summary

Relates to violations of safety conditions in adult care facilities; provides penalties for safety violations and operating without a valid license; prohibits reductions in fines in certain circumstances where a patient is endangered or harmed.

S1576 - Sponsor Memo

S1576 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1576
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2021
                                ___________
 
 Introduced by Sens. RIVERA, HOYLMAN, KRUEGER, MAY, PERSAUD -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Health
 
 AN  ACT  to amend the social services law and the mental hygiene law, in
   relation to violations of safety conditions in adult care facilities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Paragraph  (b) of subdivision 4 of section 460-d of the
 social services law, as amended by chapter 733 of the laws of  1994,  is
 amended to read as follows:
   (b)  No  operating  certificate shall be revoked, suspended or limited
 without a hearing held in  accordance  with  procedures  established  by
 department  regulations,  which  procedures shall require that notice of
 the time and place of the hearing, and notice of the charges,  shall  be
 served in person or by certified mail addressed to the facility at least
 thirty  days  prior  to the date of the hearing. A written answer to the
 charges may be filed with the department not less than ten business days
 prior to the date of the hearing. An operating certificate  may,  never-
 theless,  be  suspended or limited without a hearing for a period not in
 excess of sixty days, upon written notice to the  facility  following  a
 finding  by  the  department  that the public health, or an individual's
 health, safety or welfare, are in imminent  danger;  PROVIDED,  HOWEVER,
 THAT  IF  THE  DEPARTMENT  DEMONSTRATES REASONABLE EFFORTS TO COMMENCE A
 HEARING WITHIN SUCH SIXTY DAY PERIOD AND TO COMPLETE SUCH HEARING WITHIN
 A REASONABLE PERIOD OF TIME,  THE  HEARING  OFFICER  MAY  AUTHORIZE  THE
 DEPARTMENT  TO  EXTEND  THE  PERIOD  OF  SUSPENSION OR LIMITATION FOR AN
 APPROPRIATE PERIOD OF TIME, BUT IN NO EVENT BEYOND AN ADDITIONAL  THIRTY
 DAYS.
   §  2.  Subdivision  7  of section 460-d of the social services law, as
 added by chapter 669 of the laws of 1977, paragraph (a)  as  amended  by
 chapter 719 of the laws of 1989, paragraph (b) as amended by chapter 524
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S1576A - Details

See Assembly Version of this Bill:
A196
Current Committee:
Senate Health
Law Section:
Social Services Law
Laws Affected:
Amd §§460-d, 461-c, 461-d, 461-e & 461-a, Soc Serv L; amd §29.15, Ment Hyg L
Versions Introduced in 2019-2020 Legislative Session:
S3460, A4416

S1576A - Summary

Relates to violations of safety conditions in adult care facilities; provides penalties for safety violations and operating without a valid license; prohibits reductions in fines in certain circumstances where a patient is endangered or harmed.

S1576A - Sponsor Memo

S1576A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1576--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2021
                                ___________
 
 Introduced  by  Sens. RIVERA, BAILEY, BROUK, COMRIE, GAUGHRAN, GIANARIS,
   HOYLMAN, JACKSON, KRUEGER, MANNION, MAY, PERSAUD, RAMOS, REICHLIN-MEL-
   NICK, SANDERS, SEPULVEDA, SKOUFIS -- read twice and  ordered  printed,
   and  when printed to be committed to the Committee on Health -- recom-
   mitted to the Committee on Health in accordance with  Senate  Rule  6,
   sec.  8  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the social services law and the mental hygiene  law,  in
   relation to violations of safety conditions in adult care facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Paragraph (b) of subdivision 4 of  section  460-d  of  the
 social  services  law, as amended by chapter 733 of the laws of 1994, is
 amended to read as follows:
   (b) No operating certificate shall be revoked,  suspended  or  limited
 without  a  hearing  held  in  accordance with procedures established by
 department regulations, which procedures shall require  that  notice  of
 the  time  and place of the hearing, and notice of the charges, shall be
 served in person or by certified mail addressed to the facility at least
 thirty days prior to the date of the hearing. A written  answer  to  the
 charges may be filed with the department not less than ten business days
 prior  to  the date of the hearing. An operating certificate may, never-
 theless, be suspended or limited without a hearing for a period  not  in
 excess  of  sixty  days, upon written notice to the facility following a
 finding by the department that the public  health,  or  an  individual's
 health,  safety  or  welfare, are in imminent danger; PROVIDED, HOWEVER,
 THAT IF THE DEPARTMENT DEMONSTRATES REASONABLE  EFFORTS  TO  COMMENCE  A
 HEARING WITHIN SUCH SIXTY DAY PERIOD AND TO COMPLETE SUCH HEARING WITHIN
 A  REASONABLE  PERIOD  OF  TIME,  THE  HEARING OFFICER MAY AUTHORIZE THE
 DEPARTMENT TO EXTEND THE PERIOD  OF  SUSPENSION  OR  LIMITATION  FOR  AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00265-03-2
 S. 1576--A                          2

Co-Sponsors

view additional co-sponsors

S1576B - Details

See Assembly Version of this Bill:
A196
Current Committee:
Senate Health
Law Section:
Social Services Law
Laws Affected:
Amd §§460-d, 461-c, 461-d, 461-e & 461-a, Soc Serv L; amd §29.15, Ment Hyg L
Versions Introduced in 2019-2020 Legislative Session:
S3460, A4416

S1576B - Summary

Relates to violations of safety conditions in adult care facilities; provides penalties for safety violations and operating without a valid license; prohibits reductions in fines in certain circumstances where a patient is endangered or harmed.

S1576B - Sponsor Memo

S1576B - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1576--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2021
                                ___________
 
 Introduced  by  Sens.  RIVERA,  BAILEY,  BIAGGI,  BROUK, CLEARE, COMRIE,
   GAUGHRAN, GIANARIS, HOYLMAN, JACKSON, KRUEGER, MANNION, MAY,  PERSAUD,
   RAMOS, REICHLIN-MELNICK, SANDERS, SEPULVEDA, SKOUFIS -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
   Health -- recommitted to the Committee on Health  in  accordance  with
   Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the social services law and the mental hygiene law, in
   relation to violations of safety conditions in adult care facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Paragraph  (b) of subdivision 4 of section 460-d of the
 social services law, as amended by chapter 733 of the laws of  1994,  is
 amended to read as follows:
   (b)  No  operating  certificate shall be revoked, suspended or limited
 without a hearing held in  accordance  with  procedures  established  by
 department  regulations,  which  procedures shall require that notice of
 the time and place of the hearing, and notice of the charges,  shall  be
 served in person or by certified mail addressed to the facility at least
 thirty  days  prior  to the date of the hearing. A written answer to the
 charges may be filed with the department not less than ten business days
 prior to the date of the hearing. An operating certificate  may,  never-
 theless,  be  suspended or limited without a hearing for a period not in
 excess of sixty days, upon written notice to the  facility  following  a
 finding  by  the  department  that the public health, or an individual's
 health, safety or welfare, are in imminent  danger;  PROVIDED,  HOWEVER,
 THAT  IF  THE  DEPARTMENT  DEMONSTRATES REASONABLE EFFORTS TO COMMENCE A
 HEARING WITHIN SUCH SIXTY DAY PERIOD AND TO COMPLETE SUCH HEARING WITHIN
 A REASONABLE PERIOD OF TIME,  THE  HEARING  OFFICER  MAY  AUTHORIZE  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00265-05-2

Co-Sponsors

view additional co-sponsors

S1576C (ACTIVE) - Details

See Assembly Version of this Bill:
A196
Current Committee:
Senate Health
Law Section:
Social Services Law
Laws Affected:
Amd §§460-d, 461-c, 461-d, 461-e & 461-a, Soc Serv L; amd §29.15, Ment Hyg L
Versions Introduced in 2019-2020 Legislative Session:
S3460, A4416

S1576C (ACTIVE) - Summary

Relates to violations of safety conditions in adult care facilities; provides penalties for safety violations and operating without a valid license; prohibits reductions in fines in certain circumstances where a patient is endangered or harmed.

S1576C (ACTIVE) - Sponsor Memo

S1576C (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1576--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2021
                                ___________
 
 Introduced  by  Sens.  RIVERA,  BAILEY,  BIAGGI,  BROUK, CLEARE, COMRIE,
   GAUGHRAN, GIANARIS, HOYLMAN, JACKSON, KRUEGER, MANNION, MAY,  PERSAUD,
   RAMOS, REICHLIN-MELNICK, SANDERS, SEPULVEDA, SKOUFIS -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
   Health -- recommitted to the Committee on Health  in  accordance  with
   Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the social services law and the mental hygiene  law,  in
   relation to violations of safety conditions in adult care facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Paragraph (b) of subdivision 4 of  section  460-d  of  the
 social  services  law, as amended by chapter 733 of the laws of 1994, is
 amended to read as follows:
   (b) No operating certificate shall be revoked,  suspended  or  limited
 without  a  hearing  held  in  accordance with procedures established by
 department regulations, which procedures shall require  that  notice  of
 the  time  and place of the hearing, and notice of the charges, shall be
 served in person or by certified mail addressed to the facility at least
 thirty days prior to the date of the hearing. A written  answer  to  the
 charges may be filed with the department not less than ten business days
 prior  to  the date of the hearing. An operating certificate may, never-
 theless, be suspended or limited without a hearing for a period  not  in
 excess  of  sixty  days, upon written notice to the facility following a
 finding by the department that the public  health,  or  an  individual's
 health,  safety  or  welfare, are in imminent danger; PROVIDED, HOWEVER,
 THAT IF THE DEPARTMENT DEMONSTRATES REASONABLE  EFFORTS  TO  COMMENCE  A
 HEARING WITHIN SUCH SIXTY DAY PERIOD AND TO COMPLETE SUCH HEARING WITHIN
 A  REASONABLE  PERIOD  OF  TIME,  THE  HEARING OFFICER MAY AUTHORIZE THE
 DEPARTMENT TO EXTEND THE PERIOD  OF  SUSPENSION  OR  LIMITATION  FOR  AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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