New York A 1910: Expands protections regarding violations of safety conditions in adult care facilities

Bill Text

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A01910 Summary:

BILL NOA01910A

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SAME ASSAME AS S01858-A

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SPONSORPaulin

&nbsp

COSPNSRBronson, Steck, Rosenthal, Benedetto, Hyndman, Lupardo, Sayegh, Colton, Stirpe, Jacobson, Epstein,
 Walker, Simon, Jackson, Forrest, Cruz, Carroll R, Hunter, Meeks, McMahon, Lunsford, Clark, Kelles,
 Mitaynes, Zinerman, Reyes, Gibbs, Glick, Mamdani, Tapia

&nbsp

MLTSPNSR

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Amd 460-d, 461-c, 461-d, 461-e & 461-a, Soc Serv L; amd 29.15, Ment Hyg L

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Expands protections regarding violations of safety conditions in adult care facilities; provides penalties for safety violations and operating without a valid license; prohibits reductions in fines in certain circumstances where a patient is endangered or harmed.

Go to top A01910 Actions:

BILL NOA01910A

&nbsp

01/14/2025referred to health

05/22/2025amend and recommit to health

05/22/2025print number 1910a

01/07/2026referred to health

Go to topA01910 Committee&nbspVotes:

Go to topA01910 Floor&nbspVotes:

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

Go to topA01910 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1910--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 14, 2025
 ___________

 Introduced by M. of A. PAULIN, BRONSON, STECK, ROSENTHAL, BENEDETTO,
 HYNDMAN, LUPARDO, SAYEGH, COLTON, STIRPE, JACOBSON, EPSTEIN, WALKER,
 SIMON, JACKSON, FORREST, CRUZ, R. CARROLL, HUNTER, MEEKS, McMAHON,
 LUNSFORD, CLARK, KELLES, MITAYNES, ZINERMAN, REYES, GIBBS, GLICK,
 MAMDANI, TAPIA -- read once and referred to the Committee on Health --
 committee discharged, bill amended, ordered reprinted as amended and
 recommitted to said committee

 AN ACT to amend the social services law and the mental hygiene law, in
 relation to violations of safety conditions in adult care facilities

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraph (b) of subdivision 4 of section 460-d of the
 2 social services law, as amended by chapter 733 of the laws of 1994, is
 3 amended to read as follows:
 4 (b) No operating certificate shall be revoked, suspended or limited
 5 without a hearing held in accordance with procedures established by
 6 department regulations, which procedures shall require that notice of
 7 the time and place of the hearing, and notice of the charges, shall be
 8 served in person or by certified mail addressed to the facility at least
 9 thirty days prior to the date of the hearing. A written answer to the
 10 charges may be filed with the department not less than ten business days
 11 prior to the date of the hearing. An operating certificate may, never-
 12 theless, be suspended or limited without a hearing for a period not in
 13 excess of sixty days, upon written notice to the facility following a
 14 finding by the department that the public health, or an individual's
 15 health, safety or welfare, are in imminent danger; provided, however,
 16 that if the department demonstrates reasonable efforts to commence a
 17 hearing within such sixty-day period and to complete such hearing within
 18 a reasonable period of time, the hearing officer may authorize the
 19 department to extend the period of suspension or limitation for an

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05086-05-5

 A. 1910--A 2

 1 appropriate period of time, but in no event beyond an additional thirty
 2 days.
 3 § 2. Subdivision 7 of section 460-d of the social services law, as
 4 added by chapter 669 of the laws of 1977, paragraph (a) as amended by
 5 chapter 719 of the laws of 1989, paragraph (b) as amended by chapter 524
 6 of the laws of 1984, subparagraph 2 of paragraph (b) as amended by chap-
 7 ter 733 of the laws of 1994, is amended to read as follows:
 8 7. (a) The department shall adopt regulations establishing civil
 9 penalties of up to one thousand dollars per day to be assessed against
 10 all adult care facilities except facilities operated by a social
 11 services district for violations of (i) regulations of the department
 12 pertaining to the care of residents in such facilities, (ii) paragraph
 13 (a) of subdivision three of section four hundred sixty-one-a of this
 14 [chapter] article, or (iii) an order