Part 414 - Nursing Homes - Continuous Violation Penalties

Effective Date: 
Wednesday, April 3, 1991
Doc Status: 
Complete
Statutory Authority: 
Public Health Law - 2803(2), 2803(6), 2803-c, 2803-h

Section 414.1 - System of penalties

414.1 System of penalties. Pursuant to Public Health Law section 2803(6), a system of penalties of up to $1,000 per day for continuing violations of rules and regulations promulgated pursuant to Article 28 of the Public Health Law pertinent to the operation of nursing homes and pertaining to resident care in those nursing homes is established in this Part.

Effective Date: 
Wednesday, April 3, 1991
Doc Status: 
Complete

Section 414.2 - Criteria for continuous violation penalties

414.2 Criteria for continuous violation penalties. When the Commissioner elects to impose continuous violation penalties, the amount of those penalties shall be based on a consideration of the consequences of substandard care of the resident(s) associated with each violation and on the harm done to the condition of the resident(s). The daily dollar amount per violation for each specific violation shall be calculated in accordance with following criteria:

Characteristic of the Violation Daily Penalty

(a) If the violation continues over time harm is likely to occur, harm not $ 600 requiring professional staff intervention has occurred or there is potential for harm with or without the need for professional staff intervention and the occurrence is one that should be reported to supervisory personnel or facility administration for response.

(b) Harm has occurred which required professional staff intervention. $ 800

(c) Physical and life threatening harm has occurred and steps would $1,000 ordinarily be taken beyond reporting to the facility administrator to prevent recurrence, such as relocation out of the facility or notification of regulatory authorities.

Effective Date: 
Wednesday, April 3, 1991
Doc Status: 
Complete

Section 414.3 - Additional penalties

414.3 Additional penalties. Penalties as established in this Part shall be additional and cumulative to all other penalties or remedies existing for violations of Article 28 of the Public Health Law and of the rules and regulations promulgated pursuant to such article.

Effective Date: 
Wednesday, April 3, 1991
Doc Status: 
Complete