New York S 5744: Relates to increasing monetary penalties for public health law violations

Bill Text

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S05744 Summary:

BILL NOS05744 

&nbsp

SAME ASSAME AS A01118

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SPONSORCLEARE

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Amd §§12 & 309, Pub Health L

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Increases monetary penalties for public health law violations; provides support for the nursing home quality improvement demonstration program.

Go to top S05744 Actions:

BILL NOS05744 

&nbsp

02/28/2025REFERRED TO HEALTH

05/20/20251ST REPORT CAL.1265

05/21/20252ND REPORT CAL.

05/22/2025ADVANCED TO THIRD READING 

06/13/2025COMMITTED TO RULES

01/07/2026REFERRED TO HEALTH

05/05/20261ST REPORT CAL.976

05/06/20262ND REPORT CAL.

05/07/2026ADVANCED TO THIRD READING 

06/05/2026COMMITTED TO RULES

Go to topS05744 Committee&nbspVotes:

Go to topS05744 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05744 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5744

 2025-2026 Regular Sessions

 IN SENATE

 February 28, 2025
 ___________

 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:

 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] three thousand dollars for every
 10 such violation. Where the violation is committed by an operator or any
 11 person or entity that contracts with an operator of a nursing home or
 12 general hospital under article twenty-eight of this chapter or a resi-
 13 dential care program for adults authorized to operate by the department
 14 under article seven of the social services law, the penalty shall not
 15 exceed five thousand dollars for every such violation.
 16 (b) The penalty provided for in paragraph (a) of this subdivision may
 17 be increased to an amount not to exceed [five] ten thousand dollars for
 18 a subsequent violation if the person committed the same violation, with
 19 respect to the same or any other person or persons, within twelve months
 20 of the initial violation for which a penalty was assessed pursuant to
 21 paragraph (a) of this subdivision and said violations were a serious
 22 threat to the health and safety of an individual or individuals.
 23 (c) The penalty provided for in paragraph (a) of this subdivision may
 24 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.
 LBD03459-01-5

 S. 5744 2

 1 the violation directly results in serious physical harm to any patient
 2 or patients.
 3 (d) Effective on and after April first, two thousand eight the comp-
 4 troller is hereby authorized and directed to deposit amounts, except as
 5 provided by paragraph (e) of this subdivision, collected in excess of
 6 two thousand dollars per violation to the patient safety center account
 7 to be used for purposes of the patient safety center created by title
 8 two of article twenty-nine-D of this chapter.
 9 (e) Amounts collected from an operator of a nursing home licensed
 10 under article twenty-eight of this chapter in excess of ten thousand
 11 dollars per violation may be transferred as determined by the commis-
 12 sioner to the nursing home quality improvement demonstration program, to
 13 be used under subdivision six of section twenty-eight hundred eight-d of
 14 this chapter in support of projects or programs designed to improve
 15 specific areas of quality of care.
 16 § 2. Paragraph (f) of subdivision 1 of section 309 of the public