Assembly Bill A5167

2013-2014 Legislative Session

Establishes a quality incentive payment program for adult homes

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A5167 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Social Services Law
Laws Affected:
Amd §§460-d, 461-d & 461-a, Soc Serv L; amd §1, Chap 462 of 1996; amd §29.15, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9553
2011-2012: A964

2013-A5167 (ACTIVE) - Summary

Establishes a quality incentive payment program for adult homes.

2013-A5167 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5167

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by M. of A. GOTTFRIED, DINOWITZ -- read once and referred to
  the Committee on Health

AN ACT to amend the social services law,  the  mental  hygiene  law  and
  chapter  462  of  the laws of 1996, relating to establishing a quality
  incentive payment program for adult homes, 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:

  Section 1. Subdivision 7 of section 460-d of the social  services  law
is amended by adding a new paragraph (e) to read as follows:
  (E)  RECTIFICATION  SHALL  NOT PRECLUDE THE ASSESSMENT OF A PENALTY IF
THE DEPARTMENT ESTABLISHES THAT A VIOLATION, ALTHOUGH CORRECTED,  WAS  A
VIOLATION  IN  THE  SAME  AREA  OF OPERATION AS A VIOLATION CITED BY THE
DEPARTMENT AT THE PREVIOUS FACILITY INSPECTION.
  S 2. Paragraph (b) of subdivision 4 of section  460-d  of  the  social
services  law, as amended by chapter 733 of the laws of 1994, is amended
to read as follows:
  (b) No operating certificate shall be revoked,  suspended  or  limited
without  a  hearing  held  in  accordance with procedures established by
department regulations, which procedures shall require  that  notice  of
the  time  and place of the hearing, and notice of the charges, shall be
served in person or by certified mail addressed to the facility at least
thirty days prior to the date of the hearing. A written  answer  to  the
charges may be filed with the department not less than ten business days
prior  to  the date of the hearing. An operating certificate may, never-
theless, be suspended or limited without a hearing for a period  not  in
excess  of  sixty  days, upon written notice to the facility following a
finding by the department that the public  health,  or  an  individual's
health,  safety  or  welfare, are in imminent danger; PROVIDED, HOWEVER,
THAT IF THE DEPARTMENT MAKES REASONABLE EFFORTS TO  COMMENCE  A  HEARING
WITHIN  SUCH  SIXTY  DAY  PERIOD  AND  TO COMPLETE SUCH HEARING WITHIN A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01594-01-3
              

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