Assembly Bill A5485A

2023-2024 Legislative Session

Expands protections regarding violations of safety conditions in adult care facilities

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • 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

Bill Amendments

co-Sponsors

multi-Sponsors

2023-A5485 - Details

See Senate Version of this Bill:
S5472
Current Committee:
Assembly 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 Other Legislative Sessions:
2019-2020: A4416, S3460
2021-2022: A196, S1576

2023-A5485 - Summary

Expands protections regarding 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.

2023-A5485 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5485
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 13, 2023
                                ___________
 
 Introduced  by M. of A. PAULIN, BRONSON, STECK, L. ROSENTHAL, BENEDETTO,
   DINOWITZ,  HYNDMAN,  LUPARDO,  SAYEGH,  DARLING,  SEAWRIGHT,   COLTON,
   STIRPE,  JACOBSON,  EPSTEIN,  WALKER,  SIMON,  JACKSON, FORREST, CRUZ,
   CARROLL, HUNTER, MEEKS, WALLACE,  McMAHON,  LUNSFORD,  CLARK,  KELLES,
   MITAYNES, ZINERMAN, REYES, GIBBS, GLICK, MAMDANI -- Multi-Sponsored by
   -- M. of A. COOK, THIELE -- read once and referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02412-02-3
 A. 5485                             2
              

co-Sponsors

multi-Sponsors

2023-A5485A (ACTIVE) - Details

See Senate Version of this Bill:
S5472
Current Committee:
Assembly 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 Other Legislative Sessions:
2019-2020: A4416, S3460
2021-2022: A196, S1576

2023-A5485A (ACTIVE) - Summary

Expands protections regarding 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.

2023-A5485A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5485--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 13, 2023
                                ___________
 
 Introduced  by M. of A. PAULIN, BRONSON, STECK, L. ROSENTHAL, BENEDETTO,
   DINOWITZ,  HYNDMAN,  LUPARDO,  SAYEGH,  DARLING,  SEAWRIGHT,   COLTON,
   STIRPE,  JACOBSON,  EPSTEIN,  WALKER,  SIMON,  JACKSON, FORREST, CRUZ,
   CARROLL, HUNTER, MEEKS, WALLACE,  McMAHON,  LUNSFORD,  CLARK,  KELLES,
   MITAYNES,  ZINERMAN,  REYES, GIBBS, GLICK, MAMDANI, McDONALD -- Multi-
   Sponsored by -- M. of A. COOK, THIELE -- read once and referred to the
   Committee on Health -- recommitted  to  the  Committee  on  Health  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02412-13-4
              

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