Senate Bill S5472A

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 Senate Committee Rules 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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Bill Amendments

co-Sponsors

2023-S5472 - Details

See Assembly Version of this Bill:
A5485
Current Committee:
Senate Rules
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: S3460, A4416
2021-2022: S1576, A196

2023-S5472 - 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-S5472 - Sponsor Memo

2023-S5472 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5472
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by  Sens.  RIVERA,  BAILEY, BROUK, CLEARE, COMRIE, GIANARIS,
   HOYLMAN-SIGAL,  JACKSON,  KRUEGER,  MANNION,  MAY,   PERSAUD,   RAMOS,
   SANDERS,  SEPULVEDA,  SKOUFIS  --  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
 of the laws of 1984, subparagraph 2 of paragraph (b) as amended by chap-
 ter 733 of the laws of 1994, is amended to read as follows:
 
              

co-Sponsors

2023-S5472A (ACTIVE) - Details

See Assembly Version of this Bill:
A5485
Current Committee:
Senate Rules
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: S3460, A4416
2021-2022: S1576, A196

2023-S5472A (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-S5472A (ACTIVE) - Sponsor Memo

2023-S5472A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5472--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by  Sens.  RIVERA,  BAILEY, BROUK, CLEARE, COMRIE, GIANARIS,
   HOYLMAN-SIGAL,  JACKSON,  KRUEGER,  MANNION,  MAY,   PERSAUD,   RAMOS,
   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
 
 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.
                                                            LBD02412-14-4
 S. 5472--A                          2
              

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