Bill Text: NY S05472 | 2023-2024 | General Assembly | Amended

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced) 2024-06-07 - COMMITTED TO RULES [S05472 Detail]

Download: New_York-2023-S05472-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         5472--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 6, 2023
                                       ___________

        Introduced  by  Sens.  RIVERA,  BAILEY, BROUK, CLEARE, COMRIE, GIANARIS,
          HOYLMAN-SIGAL,  JACKSON,  KRUEGER,  MANNION,  MAY,   PERSAUD,   RAMOS,
          SANDERS,  SEPULVEDA,  SKOUFIS  --  read twice and ordered printed, and
          when printed to be committed to the Committee on Health -- recommitted
          to the Committee on Health in accordance with Senate Rule 6, sec. 8 --
          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.
                                                                   LBD02412-14-4
        S. 5472--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] two thousand dollars per violation,  per  day
    10  and  for  repeat  violations, under subparagraph two of paragraph (c) of
    11  this subdivision for which a prior penalty was assessed, an amount up to
    12  five thousand dollars per violation, per day to be assessed against  all
    13  adult  care  facilities [except facilities operated by a social services
    14  district] for violations of (i) regulations of the department pertaining
    15  to the care of residents in  such  facilities,  (ii)  paragraph  (a)  of
    16  subdivision  three of section four hundred sixty-one-a of this [chapter]
    17  article, or (iii) an order issued pursuant to subdivision eight of  this
    18  section. The regulations shall specify the violations subject to penalty
    19  and  the  amount  of  the penalty to be assessed in connection with each
    20  such violation and shall specify that only  civil  penalties  of  up  to
    21  [one]  two  thousand  dollars [per day] per violation, per day, shall be
    22  assessed pursuant to this paragraph against an adult care facility found
    23  responsible for an act of retaliation or reprisal against any  resident,
    24  employee,  or  other  person for having filed a complaint with or having
    25  provided information to any long term care [patient] ombudsman function-
    26  ing in accordance with section [five hundred forty-four or five  hundred
    27  forty-five] two hundred eighteen of the [executive] elder law.
    28    (b)  [(1)] In addition to any other civil or criminal penalty provided
    29  by law, the department shall have the power to assess civil penalties in
    30  accordance with its regulations adopted pursuant  to  paragraph  (a)  of
    31  this  subdivision,  after  a  hearing  conducted  in accordance with the
    32  procedures established by regulations of the department. Such procedures
    33  shall require that notice of the time and place of the hearing, together
    34  with a statement of charges of violations, shall be served in person  or
    35  by  certified  mail addressed to the facility at least thirty days prior
    36  to the date of the hearing. The statement of charges of violations shall
    37  set forth the existence of the violations, the  amount  of  penalty  for
    38  which  it may become liable and the steps which must be taken to rectify
    39  the violation and, where applicable, a  statement  that  the  department
    40  contends  that  a penalty may be imposed under this paragraph regardless
    41  of rectification. An answer to the charges of  violations,  in  writing,
    42  shall  be filed with the department, not less than ten days prior to the
    43  date of hearing. The answer shall notify the department of  the  facili-
    44  ty's  position with respect to each of the charges and shall include all
    45  matters which if not disclosed in the answer would be likely to take the
    46  department by surprise. The commissioner, or  a  member  of  [his]  such
    47  commissioner's  staff  who  is  designated  and authorized by [him] such
    48  commissioner to hold such hearing,  may  in  [his]  such  commissioner's
    49  discretion  allow  the  facility to prove any matter not included in the
    50  answer.
    51    (c) (1) Where the facility satisfactorily demonstrates that it  either
    52  had  rectified  the  violations  within thirty days of receiving written
    53  notification of the results of the inspection pursuant to  section  four
    54  hundred  sixty-one-a  of this [chapter] article, or had submitted within
    55  thirty days an acceptable plan for rectification and was rectifying  the
    56  violations  in accordance with the steps and within the additional peri-
        S. 5472--A                          3

     1  ods of time as accepted by the department in such plan, no penalty shall
     2  be imposed, except as provided in subparagraph two of this paragraph.
     3    (2)  Rectification  shall  not preclude the assessment of a penalty if
     4  the department establishes at a hearing  that  a  particular  violation,
     5  although  corrected[,  endangered or resulted in harm to any resident as
     6  the result of]:
     7    (i) endangered any resident. Endangerment is defined as:
     8    (A) the total or substantial failure of the facility's fire  detection
     9  or  prevention systems, or emergency evacuation procedures prescribed by
    10  department safety standard regulations;
    11    [(ii)] (B) the retention of any resident who has been evaluated by the
    12  resident's physician as being medically or mentally unsuited for care in
    13  the facility or as requiring placement  in  a  hospital  or  residential
    14  health  care facility and for whom the operator is not making persistent
    15  efforts to secure appropriate placement;
    16    [(iii)] (C) the failure in systemic  practices  and  procedures  which
    17  shall  be  defined as widespread or chronic, and material, noncompliance
    18  with statutory or regulatory requirements, including but not limited  to
    19  the  rights  of residents under section four hundred sixty-one-d of this
    20  article;
    21    [(iv)] (D) the failure of the operator to take actions as required  by
    22  department regulations in the event of a resident's illness or accident;
    23    [(v)]  (E)  the failure of the operator to provide at all times super-
    24  vision of residents by numbers of staff at least equivalent to the night
    25  staffing requirement set forth in department regulations; or
    26    [(vi)] (F) [unreasonable] threats of retaliation or taking  reprisals,
    27  including  but  not  limited  to  [unreasonable]  threats of eviction or
    28  hospitalization, against any resident,  employee  or  other  person  who
    29  makes  a  complaint  concerning the operation of an adult care facility,
    30  participates in the investigation of a complaint or is the subject of an
    31  action identified in a complaint[.
    32    The department shall specify in its regulations those  regulations  to
    33  which this subparagraph two shall apply.
    34    (3)  In assessing penalties pursuant to this paragraph, the department
    35  shall consider promptness of  rectification,  delay  occasioned  by  the
    36  department, and the specific circumstances of the violations as mitigat-
    37  ing factors.
    38    (c)]; or
    39    (ii) resulted in harm to any resident, including but not limited to:
    40    (A) physical harm;
    41    (B)  loss  or  denial  of  access to money or other personal property,
    42  including but not limited to a violation of section one hundred  thirty-
    43  one-o of this chapter; or
    44    (C) being subjected to (I) conduct by an operator, administrator, case
    45  manager,  or  other employee in a supervisory position that violates the
    46  rights of a resident under section  four  hundred  sixty-one-d  of  this
    47  article,  or  (II)  an  egregious failure by an operator, administrator,
    48  case manager, or other employee in a supervisory position to ensure  the
    49  rights  of  a  resident  under  section four hundred sixty-one-d of this
    50  article.
    51    (d) In assessing penalties pursuant to this paragraph, the  department
    52  shall  consider  promptness  of  rectification,  delay occasioned by the
    53  department, and the specific circumstances of the violations as mitigat-
    54  ing factors.
    55    (e) Upon the request of  the  department,  the  attorney  general  may
    56  commence  an  action  in any court of competent jurisdiction against any
        S. 5472--A                          4

     1  facility subject to the provisions of  this  section,  and  against  any
     2  person  or  corporation operating such facility, for the recovery of any
     3  penalty assessed by the department in accordance with the provisions  of
     4  this subdivision.
     5    [(d)]  (f) Any such penalty assessed by the department may be released
     6  or compromised by the department, subject to and consistent  with  para-
     7  graph  (c)  of  this subdivision, before the matter has been referred to
     8  the attorney general, and where such matter has  been  referred  to  the
     9  attorney  general,  any  such penalty may be released or compromised and
    10  any action commenced to recover the same may be settled and discontinued
    11  by the attorney general, after considering paragraph (c) of this  subdi-
    12  vision and with the consent of the department.
    13    §  3.  Paragraphs (a) and (b) of subdivision 9 of section 460-d of the
    14  social services law, paragraph (a) as amended by chapter 558 of the laws
    15  of 1999 and paragraph (b) as added by chapter 848 of the laws  of  1992,
    16  are amended to read as follows:
    17    (a) The department shall have authority to impose a civil penalty [not
    18  exceeding  one  thousand dollars per day] consistent with section twelve
    19  of the public health law against, and to issue an  order  requiring  the
    20  closing of, after notice and opportunity to be heard, any facility which
    21  does  not possess a valid operating certificate issued by the department
    22  and is an adult care facility subject to the provisions of this  article
    23  and  the  regulations of the department. A hearing shall be conducted in
    24  accordance with procedures established by department  regulations  which
    25  procedures  shall  require  that  notice  of  the determination that the
    26  facility is an adult care facility and the  reasons  for  such  determi-
    27  nation  and  notice  of  the  time and place of the hearing be served in
    28  person on the operator, owner or prime lessor, if any, or  by  certified
    29  mail, return receipt requested, addressed to such person and received at
    30  least  twenty  days  prior to the date of the hearing. If such operator,
    31  owner or prime lessor, if any, is not  known  to  the  department,  then
    32  service  may  be  made  by posting a copy thereof in a conspicuous place
    33  within the facility or by sending a  copy  thereof  by  certified  mail,
    34  return receipt requested, addressed to the facility. A written answer to
    35  the  notice  of violation may be filed with the department not less than
    36  five days prior to the date of the hearing.  Demonstration by the facil-
    37  ity that it possessed an operating certificate issued pursuant  to  this
    38  article,  article  twenty-eight  of  the  public  health  law or article
    39  sixteen, [twenty-three,] thirty-one or thirty-two of the mental  hygiene
    40  law  at  the  time the hearing was commenced shall constitute a complete
    41  defense to any charges made pursuant to this subdivision.
    42    (b) [The penalty authorized by this section shall begin to run  thirty
    43  days  after  the  department  provides  the operator, in writing, with a
    44  summary of the inspection of the facility by which the department deter-
    45  mined that he or she is operating an uncertified adult  care  facility.]
    46  The  submission  of  an  application  by  the  operator for an operating
    47  certificate for the facility shall not act as a bar to the imposition of
    48  a penalty against the operator of an unlicensed adult care facility.
    49    § 4. Paragraph (c) of subdivision 9 of section  460-d  of  the  social
    50  services  law  is  amended  by adding a new subparagraph (iv) to read as
    51  follows:
    52    (iv) If the department of health determines, based on a  complaint  or
    53  other  facts  known  to  the department, that there is reason to believe
    54  that an individual or entity is operating an adult home, enriched  hous-
    55  ing  program,  or  residence  for  adults which does not possess a valid
    56  operating certificate issued by the department, and  that  one  or  more
        S. 5472--A                          5

     1  conditions  or  activities  at such facility constitute or are likely to
     2  give rise to an immediate danger to the health  of  the  residents,  and
     3  awaiting  a court order pursuant to subparagraph (iii) of this paragraph
     4  would  be  seriously  detrimental  to  the health of such residents, the
     5  department of health may, notwithstanding an objection by the  operator,
     6  administrator  or  other  person in charge, inspect the entire premises,
     7  which shall include access to all dwellings on the said  property  which
     8  house tenants/occupants as well as access to such tenants/occupants, for
     9  the  purpose  of ascertaining whether such danger exists or is likely to
    10  arise on an immediate basis. The department of health  may  request  the
    11  assistance  of  local  law enforcement for purposes of carrying out such
    12  inspection and may take any appropriate action  if  it  determines  that
    13  such  danger  exists  or is likely to arise, including issuing a written
    14  notice directing the operator, administrator or other person  in  charge
    15  of such facility to cease or correct the condition or activity at issue.
    16  As  promptly  as  possible  thereafter,  within  a  period not to exceed
    17  fifteen days, the commissioner shall provide the operator an opportunity
    18  to be heard and to present any proof that  such  condition  or  activity
    19  does  not  constitute  a  danger  to the health of the residents of such
    20  facility. The attorney  general,  upon  request  of  the  department  of
    21  health,  shall be authorized to apply to the supreme court in the county
    22  in which the facility is located for an order for any appropriate  addi-
    23  tional relief.
    24    §  5.  Subdivision  11 of section 460-d of the social services law, as
    25  amended by section 154 of subpart B of part C of chapter 62 of the  laws
    26  of 2011, is amended to read as follows:
    27    11.  On or before issuance by the department to an adult care facility
    28  operator of official written notice of: the proposed revocation, suspen-
    29  sion or denial of the operator's operating certificate;  the  limitation
    30  of  the  operating certificate with respect to new admissions; the issu-
    31  ance of a department order or commissioner's order; the seeking of equi-
    32  table relief pursuant to this  section;  the  [proposed]  assessment  of
    33  civil  penalties  for  violations of the provisions of [subparagraph two
    34  of] paragraph [(b)] (c) of subdivision seven of this section  or  place-
    35  ment  on the "do not refer list" pursuant to subdivision fifteen of this
    36  section, written notice also shall be given to the appropriate office of
    37  the department of mental hygiene, department of corrections and communi-
    38  ty supervision and local social services districts, and provided further
    39  that the department of health shall notify hospitals, residential health
    40  care facilities and adult care facilities in the locality in which  such
    41  facility is located that such notice has been issued. Upon resolution of
    42  such  enforcement action the department shall within ten days notify the
    43  appropriate office of the department of mental  hygiene,  department  of
    44  corrections  and  community supervision, local social services districts
    45  [and], hospitals, residential health  care  facilities  and  adult  care
    46  facilities.
    47    §  6.  Subdivision  12 of section 460-d of the social services law, as
    48  amended by section 42 of part B of chapter 58 of the laws  of  2004,  is
    49  amended to read as follows:
    50    12. [Social] Hospitals, residential health care facilities, adult care
    51  facilities,  social  services districts and other local government enti-
    52  ties established pursuant to  this  chapter  shall  be  prohibited  from
    53  making  referrals  for  admissions  to  adult  care facilities that have
    54  received official written notice  regarding:  the  proposed  revocation,
    55  suspension  or denial of the operator's operating certificate; the limi-
    56  tation of the operating certificate with respect to new admissions;  the
        S. 5472--A                          6

     1  issuance  of  department  order or commissioner's orders; the seeking of
     2  equitable relief pursuant to this section[; the proposed  assessment  of
     3  civil  penalties for violations of the provisions of subparagraph two of
     4  paragraph  (b)  of subdivision seven of this section]; or the facility's
     5  placement on the "do not refer list" pursuant to subdivision fifteen  of
     6  this section.
     7    §  7.  Section 460-d of the social services law is amended by adding a
     8  new subdivision 18 to read as follows:
     9    18. When the department of health issues official written notice to an
    10  operator of a proposed action specified in subdivision  eleven  of  this
    11  section,  and  the department determines that there is a condition which
    12  constitutes an imminent danger to the health, safety or welfare  of  any
    13  resident,  the  department may prohibit that operator from admitting any
    14  new resident to the facility until the department determines that  there
    15  is  no longer an imminent danger to the health, safety or welfare of any
    16  resident.
    17    § 8. Section 461-c of the social services law is amended by  adding  a
    18  new subdivision 10 to read as follows:
    19    10. The operator of an adult home or an enriched housing program shall
    20  provide  to prospective residents who inquire about admission, and shall
    21  post   on   its   website,   a   copy   of   the   facility's   approved
    22  admission/residency agreement.
    23    §  9.  The  closing paragraph of subdivision 3 of section 461-d of the
    24  social services law, as added by chapter 601 of the  laws  of  1981,  is
    25  amended to read as follows:
    26    Waiver  of  any  provision [contained within] of this subdivision by a
    27  resident of an adult care facility or by the resident's legal  represen-
    28  tative  or  resident  representative,  with  respect to a resident of an
    29  adult home, residence for adults or enriched housing program,  shall  be
    30  void.
    31    §  10. Section 461-e of the social services law is amended by adding a
    32  new subdivision 3-a to read as follows:
    33    3-a. Every adult home and enriched housing program shall:
    34    (a) Post in a prominent position in the facility so as to be  accessi-
    35  ble to all residents and to the general public:
    36    (i)  a summary of any report of inspection based on a complaint issued
    37  by the department of health to the facility  within  the  previous  year
    38  which resulted in the payment of a fine or penalty by the facility; and
    39    (ii)  notice of residents' right to review reports under paragraph (b)
    40  of this subdivision.
    41    (b) Provide to any resident and each applicant for admission an oppor-
    42  tunity to review any report of inspection based on a complaint issued by
    43  the department of health to the facility within the previous year.
    44    (c) Provide to the  resident  council  a  summary  of  any  report  of
    45  inspection based on a complaint issued by the department of health with-
    46  in fourteen days  of receipt by the facility.
    47    §  11. Paragraphs (b) and (c) of subdivision 2 of section 461-a of the
    48  social services law, paragraph (b) as amended by chapter 601 of the laws
    49  of 1981 and paragraph (c) as amended by chapter 769 of the laws of 2021,
    50  are amended to read as follows:
    51    (b) [The department or a social services district, where  appropriate,
    52  shall  each  year conduct a minimum of one full inspection of each adult
    53  care facility. Such inspection] An inspection of an adult care  facility
    54  under  this section shall include, but shall not be limited to, examina-
    55  tion of the medical, dietary and social services records of the facility
    56  as well as the minimum standards of construction, life safety standards,
        S. 5472--A                          7

     1  quality and adequacy of care, rights  of  residents,  payments  and  all
     2  other  areas  of  operation.  The  purpose of any inspection shall be to
     3  determine compliance with requirements of applicable provisions  of  law
     4  and regulations of the department.
     5    (c)  (i)  An  inspection report shall be made of each inspection which
     6  shall clearly identify and indicate in detail each  area  of  operation,
     7  including, but not limited to, the premises, equipment, personnel, resi-
     8  dent care and services, and whether [each] any such area of operation or
     9  any  of  its component parts is [or is] not in compliance with the regu-
    10  lations of the department and all other applicable requirements. It also
    11  shall identify those areas of operation or any of  its  component  parts
    12  found not in compliance as a result of failure in systemic practices and
    13  procedures.  The  operator  shall  be  notified  of  the  results of the
    14  inspection in a manner to be determined by regulations  of  the  depart-
    15  ment[.  Such notification shall contain directions as may be appropriate
    16  as  to  the manner and time in which compliance with applicable require-
    17  ments of law or regulations of the department  shall  be  effected]  and
    18  shall submit a written plan of correction to the department within thir-
    19  ty  calendar  days  from the date the inspection report is received. The
    20  department shall notify the operator of the acceptability of the plan of
    21  correction within thirty calendar days of the  department's  receipt  of
    22  such plan.
    23    (ii)  The department shall also require the operator of an adult home,
    24  enriched housing program or residence for adults to develop,  [biannual-
    25  ly] annually update and implement plans for quality assurance activities
    26  for  each  area of operation.   Quality assurance activities include but
    27  are not limited to, development and maintenance of performance standards
    28  including infection control, measurement of adherence to such  standards
    29  and  to  applicable state and local laws and regulations, identification
    30  of  performance  failures,  design,  and  implementation  of  corrective
    31  action.  Each  plan must also include the creation of a quality improve-
    32  ment committee that is charged with meeting periodically, at least  once
    33  every six months, to review summary findings from monitoring implementa-
    34  tion  of the facility's plan, evaluating the effectiveness of corrective
    35  action policies, and  identifying  trends  and  improvement  activities.
    36  While  reviewing  facility  performance, the committee shall not examine
    37  personally identifiable resident incidents. Such committee shall include
    38  the administrator or operator of  the  facility,  the  resident  council
    39  president  or  other  resident  representative, and representatives from
    40  frontline employees from each area of operation.
    41    § 12.  Subparagraphs (I) and (II) of paragraph 2 of subdivision (i) of
    42  section 29.15 of the mental hygiene law, as amended by  chapter  168  of
    43  the laws of 2010, are amended to read as follows:
    44    (I)  A patient about to be discharged or conditionally released from a
    45  department facility licensed or operated by the office for  people  with
    46  developmental  disabilities  or  from  an inpatient facility operated or
    47  licensed by the office of [alcoholism  and  substance  abuse]  addiction
    48  services  and  supports or the office of mental health to an adult home,
    49  enriched housing program or residence for adults, as defined in  section
    50  two  of  the social services law, shall be referred only to such home or
    51  residence that is consistent with that patient's needs and that operates
    52  pursuant to section four hundred  sixty  of  the  social  services  law,
    53  provided  further  that: (A) for a department facility licensed or oper-
    54  ated by the office for people with developmental disabilities or for  an
    55  inpatient  facility  operated by the office of [alcoholism and substance
    56  abuse] addiction services and supports or the office of  mental  health,
        S. 5472--A                          8

     1  the  facility  director retains authority to determine whether the home,
     2  program or residence is consistent with that  patient's  needs  and  (B)
     3  such referral shall be made to the patient's home county whenever possi-
     4  ble or appropriate.
     5    (II)  No patient about to be discharged or conditionally released from
     6  a department facility licensed or operated by the office for people with
     7  developmental disabilities or from an  inpatient  facility  operated  or
     8  licensed  by  the  office  of [alcoholism and substance abuse] addiction
     9  services and supports or the office of mental health shall  be  referred
    10  to  any adult home, enriched housing program or residence for adults, as
    11  defined in section two of the social services law, which has received an
    12  official written notice from  the  department  of  health  of:  (A)  the
    13  proposed  revocation, suspension or denial of its operating certificate;
    14  (B) the limitation of its operating  certificate  with  respect  to  new
    15  admissions;  (C) the issuance of a department of health order or commis-
    16  sioner of health's order or the seeking of equitable relief pursuant  to
    17  section  four  hundred  sixty-d  of  the  social  services  law; (D) the
    18  proposed assessment of civil penalties for violations of the  provisions
    19  of  [subparagraph  two  of]  paragraph [(b)] (c) of subdivision seven of
    20  section four hundred sixty-d of the social services law; or placement on
    21  the "do not refer list" pursuant to subdivision fifteen of section  four
    22  hundred  sixty-d  of  the social services law. Referrals may resume when
    23  such enforcement actions are resolved.
    24    § 13. The commissioner of health shall develop a plan for posting  all
    25  the  plans of correction and statements of deficiencies for all forms of
    26  adult care facilities. Such plan shall include an analysis of the fiscal
    27  impact and the time required to post such information. Such  plan  shall
    28  be  sent  to  the chairs of the senate and assembly health committees as
    29  well as the director of the budget within  one  hundred  days  from  the
    30  effective date of this act.
    31    § 14. Severability clause. If any provision of this act, or any appli-
    32  cation  of  any  provision  of  this  act,  is held to be invalid, or to
    33  violate or be inconsistent with any  federal  law  or  regulation,  that
    34  shall not affect the validity or effectiveness of any other provision of
    35  this  act,  which can be given effect without that provision or applica-
    36  tion; and to that end, the provisions and applications of this  act  are
    37  severable.
    38    §  15.  This act shall take effect on the thirtieth day after it shall
    39  have become a law.