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.