NY State Senate Bill S325

Current 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 (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to health
Jan 06, 2021	referred to health

S325 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2862, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S8269

S325 (ACTIVE) - Summary

Authorizes the attorney general to investigate and take action against in response to actions improvident or prejudicial to the interests of the public or occupants of nursing homes that are under the supervision of the commissioner of public health.

S325 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S325

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the public health law, in relation to authorizing the
attorney general to investigate and take action against in response to
actions improvident or prejudicial to the interests of the public or
occupants of nursing homes that are under the supervision of the commis-
sioner of health

 
PURPOSE:

Authorizes the attorney general to investigate and take action against
nursing homes in response to actions improvident or prejudicial to the
interests of the public or to the interests of occupants thereof.

 
SUMMARY OF PROVISIONS:

Amends section 2862 of the public health law to add a new subdivision 5
that authorizes the attorney general to investigate and inspect, under

the power of subpoena, nursing home premises and relevant company docu-
ments to determine whether any improvident or prejudicial actions to the
public or occupants of nursing homes have occurred.  Subdivision 5 also
authorizes the attorney general to commence an action or proceeding in
the supreme court of the state of New York if the attorney general is of
the opinion that a company has been, is, or is about to do anything
improvident or prejudicial to the interests of the public or occupants
of nursing home under the supervision of the commissioner.

 
JUSTIFICATION:

The COVID-19 pandemic crisis has exposed weaknesses throughout the
health care infrastructure of New York. The crisis has also drawn atten-
tion to certain actions taken by nursing home operators that appeared
contrary to the best interests of the public and the occupants of those
nursing homes. These weaknesses and prejudicial actions are particularly
and fatally consequential in nursing homes, which are meant to safeguard
the lives of a population that is particularly vulnerable to infection
and disease. Giving the attorney general the authority to investigate
and prosecute actions and proceedings in Supreme Court to address
actions that are deemed to be improvident or prejudicial to the inter-
ests of the public or to the occupants of nursing homes under the super-
vision of the commissioner. This law expressly states that it shall not
be construed to limit the powers of the commission under subdivision 4
of Public Health Law section 2862.

 
LEGISLATIVE HISTORY:

S.8269 of 2019-20

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S325 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    325
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation  to  authorizing  the
   attorney general to investigate and take action against in response to
   actions  improvident  or prejudicial to the interests of the public or
   occupants of nursing homes that  are  under  the  supervision  of  the
   commissioner of health
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2862 of the public health law is amended by  adding
 a new subdivision 5 to read as follows:
   5.  THE ATTORNEY GENERAL SHALL HAVE THE POWER TO COMMENCE AN ACTION OR
 PROCEEDING IN THE SUPREME COURT OF THE  STATE  OF  NEW  YORK,  IF,  UPON
 INFORMATION  OR  BELIEF,  THE  ATTORNEY GENERAL IS OF THE OPINION THAT A
 COMPANY HAS BEEN, IS, OR IS ABOUT TO DO ANYTHING IMPROVIDENT OR PREJUDI-
 CIAL TO THE INTERESTS OF THE PUBLIC OR OCCUPANTS OF NURSING HOMES  UNDER
 THE  SUPERVISION  OF  THE  COMMISSIONER.  THE  ATTORNEY GENERAL SHALL BE
 GRANTED THE ABILITY TO INSPECT, UNDER THE  POWER  OF  SUBPOENA,  NURSING
 HOME  PREMISES  AND  RELEVANT  COMPANY DOCUMENTS FOR THE SOLE PURPOSE OF
 ESTABLISHING WHETHER ANY  IMPROVIDENT  OR  PREJUDICIAL  ACTIONS  TO  THE
 PUBLIC  OR  OCCUPANTS,  AS DESCRIBED IN THIS SUBDIVISION, HAVE OCCURRED,
 ARE OCCURRING OR IMMINENTLY WILL  OCCUR.  NOTHING  IN  THIS  SUBDIVISION
 SHALL BE CONSTRUED TO LIMIT THE POWERS OF THE COMMISSIONER.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02410-01-1

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The New York State Senate

senate Bill S325

Sponsored By

Current Bill Status - In Senate Committee Health Committee

Your Voice

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S325 (ACTIVE) - Details

S325 (ACTIVE) - Summary

S325 (ACTIVE) - Sponsor Memo

S325 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S325

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Sponsored By

Zellnor Myrie

Current Bill Status - In Senate Committee Health Committee

Your Voice

Actions

S325 (ACTIVE) - Details

S325 (ACTIVE) - Summary

S325 (ACTIVE) - Sponsor Memo

S325 (ACTIVE) - Bill Text download pdf

Comments