What's happening
This bill increases civil penalties for violations of public health law, raising maximum fines for initial and repeat offenses.
Why it matters
Stronger deterrent for health law violations. By significantly raising maximum fines (from $2,000 to $10,000 for initial violations, and much higher for repeat or serious harm cases), the bill aims to create a greater financial incentive for compliance among individuals and organizations.
Increased accountability for repeat or harmful offenses. The bill imposes even steeper penalties—up to $25,000 for repeat violations within 12 months, and up to $50,000 if a violation results in serious physical harm—targeting those who repeatedly or egregiously endanger public health.
Potential for improved patient safety initiatives. Fines collected above $2,000 per violation are directed to the Patient Safety Center, potentially increasing funding for programs designed to prevent medical errors and improve health outcomes.
Broader impact on health-related organizations. The changes impact a wide range of entities subject to public health laws, such as healthcare providers, nursing homes, and pharmacies, potentially affecting their operational practices and risk management strategies.
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Who cares
Health care providers subject to Public Health Law penalties
The bill would raise the maximum civil penalty for violations without a separately prescribed penalty from $2,000 to $10,000.
Repeat violators
The bill would raise the maximum penalty from $5,000 to $25,000 for the same violation committed within twelve months when the violations seriously threaten health and safety.
Patients and patient safety advocates
Violations directly causing serious physical harm to patients would carry a maximum penalty of $50,000, up from $10,000.
State comptroller and patient safety center
The bill would retain the requirement to direct collections above $2,000 per violation to the patient safety center account while increasing penalty limits.
Headline styles
Increase Health Violation Fines
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6147
2019-2020 Regular Sessions
IN ASSEMBLY
February 28, 2019
Introduced by M. of A. RYAN -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to increasing civil penalties; and to amend part A of chapter 58 of the laws of 2008, amending the elder law and other laws relating to reimbursement to participating provider pharmacies and prescription drug coverage, in relation to the effectiveness thereof
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] ten 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] twenty-five 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] fifty thousand dollars if the violation directly results in serious physical harm to any patient or patients.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08016-01-9
A. 6147 2
Effective on and after April first, two thousand eight the comptroller is hereby authorized and directed to deposit amounts collected in excess of 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.
§ 2. Section 32 of part A of chapter 58 of the laws of 2008, amending the elder law and other laws relating to reimbursement to participating provider pharmacies and prescription drug coverage, as amended by section 16 of part I of chapter 57 of the laws of 2017, is amended to read as follows:
§ 32. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2008; provided however, that sections one, six-a, nineteen, twenty, twenty-four, and twenty-five of this act shall take effect July 1, 2008; provided however that sections [sixteen,] seventeen and eighteen of this act shall expire April 1, 2020; provided, however, that the amendments made by section twenty-eight of this act shall take effect on the same date as section 1 of chapter 281 of the laws of 2007 takes effect; provided further, that sections twenty-nine, thirty, and thirty-one of this act shall take effect October 1, 2008; provided further, that section twenty-seven of this act shall take effect January 1, 2009; and provided further, that section twenty-seven of this act shall expire and be deemed repealed March 31, 2020; and provided, further, however, that the amendments to subdivision 1 of section 241 of the education law made by section twenty-nine of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith and provided that the amendments to section 272 of the public health law made by section thirty of this act shall not affect the repeal of such section and shall be deemed repealed therewith.
§ 3. This act shall take effect immediately; provided, however, that section one of this act shall take effect on the ninetieth day after it shall have become a law.
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.