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Title: Section 66-4.4 - Penalties

Effective Date

04/15/2021

66-4.4 Penalties

(a) A violation of any provision of this Subpart is subject to all civil and criminal penalties provided for by law. To the extent any Executive Order is inconsistent with the penalties prescribed herein, the penalties in the Executive Order shall apply.

(b) All other violations of this Subpart shall be subject to penalties in accordance with sections 12 and 12-b of the Public Health Law.

(c) For adult care facilities, failure to arrange for the vaccination of every facility resident ​and personnel as set forth in section 66-4.3 of this Part constitutes a “failure in systemic practices and procedures” under Social Services Law 460-d(7)(b)(2)(iii) ​and pursuant to 18 NYCRR 486.5(a)(4)(v).

(d) In addition to any monetary penalties or referral for criminal investigation to appropriate entities, the Department shall be empowered to immediately take custody and control of such vaccine at a nursing home and re-allocate in accordance with the State’s Vaccination Plan.

Statutory Authority

Public Health Law, Sections 201, 206 and 2803, Social Services Law, Sections 461 and 461-e and Executive Orders 202, 202.86 and 202.88

Volume

VOLUME A-1a (Title 10)

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