|SAME AS||No Same As|
|Amd §12, Pub Health L|
|Increases monetary penalties for public health law violations and provides support for the nursing home quality improvement demonstration program.|
|02/05/2019||referred to health|
|02/28/2019||reported referred to codes|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4756 SPONSOR: Gottfried
TITLE OF BILL: An act to amend the public health law, in relation to increasing monetary 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: Amends PHL § 12 to increase fines from the current $2,000-10,000 range per violation to $5,000-$20,000; and deposit penalties garnered from nursing homes into the nursing home quality improvement demonstration program.   JUSTIFICATION: PHL § 12 is the basic framework for money penalties relating to violations of the PHL, where other monetary penalties are not specif- ically written in statute. The $2,000 floor amount has not been updated since 1990. The escalated amounts relating to repeat violations or endangerment have not been updated since 2008. PHL money penalties are outdated and non-threatening, considered by too many as a "cost of doing business." This bill will dedicate amounts garnered from actions against nursing homes to quality improvement in other, deserving facilities.   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: Immediately.
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STATE OF NEW YORK ________________________________________________________________________ 4756 2019-2020 Regular Sessions IN ASSEMBLY February 5, 2019 ___________ Introduced by M. of A. GOTTFRIED -- 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: 1 Section 1. Subdivision 1 of section 12 of the public health law, as 2 amended by section 16 of part A of chapter 58 of the laws of 2008, is 3 amended to read as follows: 4 1. (a) Except as provided in paragraphs (b) and (c) of this subdivi- 5 sion, any person who violates, disobeys or disregards any term or 6 provision of this chapter or of any lawful notice, order or regulation 7 pursuant thereto for which a civil penalty is not otherwise expressly 8 prescribed by law, shall be liable to the people of the state for a 9 civil penalty of not to exceed [ two] five thousand dollars for every 10 such violation. 11 (b) The penalty provided for in paragraph (a) of this subdivision may 12 be increased to an amount not to exceed [ five] ten thousand dollars for 13 a subsequent violation if the person committed the same violation, with 14 respect to the same or any other person or persons, within twelve months 15 of the initial violation for which a penalty was assessed pursuant to 16 paragraph (a) of this subdivision and said violations were a serious 17 threat to the health and safety of an individual or individuals. 18 (c) The penalty provided for in paragraph (a) of this subdivision may 19 be increased to an amount not to exceed [ ten] twenty thousand dollars if 20 the violation directly results in serious physical harm to any patient 21 or patients. 22 (d) Effective on and after April first, two thousand eight the comp- 23 troller is hereby authorized and directed to deposit amounts, except as 24 provided by paragraph (e) of this subdivision, collected in excess of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07353-01-9A. 4756 2 1 two thousand dollars per violation to the patient safety center account 2 to be used for purposes of the patient safety center created by title 3 two of article twenty-nine-D of this chapter. 4 (e) Amounts collected from an operator of a residential health care 5 facility licensed under article twenty-eight of this chapter in excess 6 of ten thousand dollars per violation may be transferred as determined 7 by the commissioner to the nursing home quality improvement demon- 8 stration program, to be used under subdivision six of section twenty- 9 eight hundred eight of this chapter in support of projects or programs 10 designed to improve specific areas of quality of care. 11 § 2. This act shall take effect immediately; provided that the amend- 12 ments to subdivision 1 of section 12 of the public health law made by 13 section one of this act shall not affect the expiration of such subdivi- 14 sion and shall be deemed to expire therewith.