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Sponsors
2 Co-sponsors
History
- Reported and committed to finance
- Referred to social services
- Reported and committed to finance
- Referred to social services
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to penalties for violations relating to residential care programs for adults
In Assembly Committee · Health · Sponsor Richard Gottfried
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S1662
Title of bill
An act to amend the social services law, in relation to penalties for violations relating to residential care programs for adults
Purpose
Strengthen the enforcement powers of the Department of Health and distinguish violations that endanger residents from those that do not,
Summary of specific provisions
Amends Social Services Law section 460-d to increase potential penalties from $1,000 per day to $5,000 per violation per day.
Rectification within 30 days will no longer mitigate a penalty for violations that endanger residents or have caused harm.
Categories of violations that fall short of endangerment ox injury are enumerated.
Justification
Assisted living residence and adult homes are the fastest growing farm of senior housing in New York State. Currently, the Department of Health is permitted to waive Penalties if a facility corrects a deficiency within 30 days, or submits a plan to do so. This bill requires DOH to levy a fine, after a hearing, for any violation that endangers a resident under the law's definition and permits DOH to consider levying a fine for any other violation whether a facility corrects it within a month or not.
The bill also permits DOH to levy a "per violation" fine in addition to the current law permitting "per day" fines. This will allow DOH to levy, after a hearing, a higher fine for a serious violation that may have taken place only once.
The maximum penalty per day has not been raised since the law's inception in 1977. while $1,000 may have been a significant figure at the time, it may now be considered by some facilities as the "cost of doing business." Compared to the 510,000 maximum per day that DOH may fine nursing homes, $5000 is an appropriate deterrent.
Prior legislative history
S. 6278 Reported and Committed To Finance
Fiscal implications
No costs to the state, some potential for savings.
Effective date
Ninety days after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.