N.Y.
Public Health Law Section 1389-GG
Violations of title thirteen
1.
Notwithstanding any other provision of this chapter, any person who violates any of the provisions of, or who fails to perform any duty imposed by this title or any rule or regulation promulgated pursuant thereto, or any term or condition of any certificate or permit issued pursuant thereto, or any final determination or order of the commissioner made pursuant to this title shall be liable in the case of a first violation for a civil penalty not to exceed twenty-five hundred dollars and an additional penalty of not more than one thousand dollars for each day during which such violation continues, to be assessed by the commissioner after an opportunity to be heard pursuant to the provisions of this chapter or by the court in any action or proceeding pursuant to this chapter, and, in addition thereto, such person may by similar process be enjoined from continuing such violation and any permit or certificate issued to such person may be revoked or suspended or a pending renewal application denied. In the case of a second and any further violation, the liability shall be for a civil penalty not to exceed five thousand dollars for each such violation and an additional penalty not to exceed twenty-five hundred dollars for each day during which such violation continues.2.
No penalty assessed or imposed pursuant to the provisions of this title shall be paid from medicaid or medicare funds.
Source:
Section 1389-GG — Violations of title thirteen, https://www.nysenate.gov/legislation/laws/PBH/1389-GG (updated Sep. 22, 2014; accessed Oct. 26, 2024).
