What's happening
This bill increases monetary penalties for public health law violations and allows certain funds to support nursing home quality improvement programs.
Why it matters
Significantly higher penalties for violations. By increasing maximum fines for initial, repeat, and especially harmful violations, the bill raises the financial consequences for breaking public health laws—potentially making violations less attractive and promoting better compliance.
Targeted funding for quality improvement. The bill allows civil penalties collected (above certain thresholds) from nursing homes to be directed specifically into quality improvement demonstration programs, ensuring that penalty money is reinvested to address systemic issues in long-term care.
Emphasis on patient safety and care standards. By channeling larger fines into the Patient Safety Center or nursing home improvement projects, the bill incentivizes facilities to maintain higher standards and directly funds initiatives aimed at reducing harm and improving patient outcomes.
Stronger deterrence for repeat and severe offenses. Doubling or quadrupling fines for repeat offenses and those resulting in serious harm signals a tougher stance against persistent or especially dangerous public health violations, potentially improving safety for vulnerable populations.
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Who cares
Headline styles
Increase Health Law Fines
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Reported referred to codes
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 monetary 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 Assembly, 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 subdivision, 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] 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 the violation directly results in serious physical harm to any patient or patients.
(d) Effective on and after April first, two thousand eight the comptroller is hereby authorized and directed to deposit amounts, except as 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.
LBD07353-01-9
A. 4756 2
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 residential health care facility licensed under article twenty-eight of this chapter in excess of ten thousand dollars per violation may be transferred as determined by the commissioner to the nursing home quality improvement demonstration program, to be used under subdivision six of section twentyeight hundred eight of this chapter in support of projects or programs designed to improve specific areas of quality of care.
§ 2. This act shall take effect immediately; provided that the amendments 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 subdivision and shall be deemed to expire therewith.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.