Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2024 |
referred to health |
Mar 28, 2023 |
referred to health |
Senate Bill S6071
2023-2024 Legislative Session
Sponsored By
(D) 30th Senate District
Current Bill Status - In Senate Committee Health 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
Actions
co-Sponsors
(D) 14th Senate District
2023-S6071 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5372
- Current Committee:
- Senate Health
- Law Section:
- Public Health Law
- Laws Affected:
- Amd §§12 & 309, Pub Health L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
A4756
2021-2022: A232
2023-S6071 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6071 SPONSOR: CLEARE TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: To update money penalties to better deter bad behavior and incentivize the correction of violations by health facilities and providers. SUMMARY OF SPECIFIC PROVISIONS: Sections one and two amend PHL § 12 (1) and paragraph f of § 309 (1) to increase State and local health fines from the current $2,000 to $10,000 range per violation to $3,000 ($5,000 for nursing homes or general hospitals) to $20,000; and deposit penalties garnered from nursing homes into the nursing home quality improvement demonstration program.
2023-S6071 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6071 2023-2024 Regular Sessions I N S E N A T E March 28, 2023 ___________ Introduced by Sen. CLEARE -- 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 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09071-01-3
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