S T A T E O F N E W Y O R K
________________________________________________________________________
5372
2023-2024 Regular Sessions
I N A S S E M B L Y
March 9, 2023
___________
Introduced by M. of A. PAULIN, DARLING, WOERNER, DINOWITZ, BRONSON,
GONZALEZ-ROJAS, STECK, ANDERSON, SIMON, JACOBSON, COOK, COLTON,
FORREST, SANTABARBARA, WALKER, BURGOS, TAYLOR, CARROLL, CRUZ, EPSTEIN,
LUNSFORD, CLARK, BICHOTTE HERMELYN, ZEBROWSKI, PEOPLES-STOKES,
L. ROSENTHAL, REYES, FALL, KELLES -- 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] 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.
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09071-01-3
A. 5372 2
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.