Bill Text: NY A06147 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to increasing civil penalties for violations of health laws or regulations from $2,000 to $10,000, $5,000 to $25,000 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 and $10,000 to $50,000 if the violation directly results in serious physical harm to any patient or patients; makes such provisions permanent.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to health [A06147 Detail]

Download: New_York-2019-A06147-Introduced.html

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                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  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] ten thousand dollars for every such
    10  violation.
    11    (b) The penalty provided for in paragraph (a) of this subdivision  may
    12  be  increased  to  an  amount  not to exceed [five] twenty-five thousand
    13  dollars for a subsequent violation if  the  person  committed  the  same
    14  violation,  with  respect  to  the  same or any other person or persons,
    15  within twelve months of the initial violation for which  a  penalty  was
    16  assessed  pursuant  to  paragraph  (a)  of  this  subdivision  and  said
    17  violations were a serious threat to the health and safety of an individ-
    18  ual or individuals.
    19    (c) The penalty provided for in paragraph (a) of this subdivision  may
    20  be  increased to an amount not to exceed [ten] fifty thousand dollars if
    21  the violation directly results in serious physical harm to  any  patient
    22  or patients.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08016-01-9
        A. 6147                             2
     1    Effective on and after April first, two thousand eight the comptroller
     2  is hereby authorized and directed to deposit amounts collected in excess
     3  of  two  thousand  dollars  per  violation  to the patient safety center
     4  account to be used for purposes of the patient safety center created  by
     5  title two of article twenty-nine-D of this chapter.
     6    §  2. Section 32 of part A of chapter 58 of the laws of 2008, amending
     7  the elder law and other laws relating to reimbursement to  participating
     8  provider  pharmacies  and  prescription  drug  coverage,  as  amended by
     9  section 16 of part I of chapter 57 of the laws of 2017,  is  amended  to
    10  read as follows:
    11    §  32.  This  act shall take effect immediately and shall be deemed to
    12  have been in full force and effect on and after April 1, 2008;  provided
    13  however,  that  sections  one, six-a, nineteen, twenty, twenty-four, and
    14  twenty-five of this act shall take effect July 1, 2008; provided however
    15  that sections [sixteen,] seventeen and eighteen of this act shall expire
    16  April 1, 2020; provided, however, that the amendments  made  by  section
    17  twenty-eight of this act shall take effect on the same date as section 1
    18  of  chapter 281 of the laws of 2007 takes effect; provided further, that
    19  sections twenty-nine, thirty, and thirty-one  of  this  act  shall  take
    20  effect  October  1, 2008; provided further, that section twenty-seven of
    21  this act shall take effect January 1, 2009; and provided  further,  that
    22  section  twenty-seven  of  this  act shall expire and be deemed repealed
    23  March 31, 2020; and provided, further, however, that the  amendments  to
    24  subdivision  1 of section 241 of the education law made by section twen-
    25  ty-nine of this act shall not affect the expiration of such  subdivision
    26  and shall be deemed to expire therewith and provided that the amendments
    27  to  section  272 of the public health law made by section thirty of this
    28  act shall not affect the repeal of such  section  and  shall  be  deemed
    29  repealed therewith.
    30    §  3.  This act shall take effect immediately; provided, however, that
    31  section one of this act shall take effect on the ninetieth day after  it
    32  shall have become a law.