Oppose an Increase in Penalties for Adult Care Facilities
LeadingAge New York opposes A.4416 (Gottfried)/S.3460 (Rivera), a comprehensive bill that would impose new burdensome and costly requirements on adult care facilities (ACFs). The impact would be significant, as the legislation proposes to:
- Increase the potential penalties for ACF violations from $1,000 to $5,000 per violation per day.
- Change the process by which an ACF can rectify a violation. It allows the Department of Health (DOH) to consider a reduction in a fine if an ACF rectifies the violations within 30 days of receipt of the inspection report, or within 14 days (reduced from 30 days) of submitting an acceptable plan of rectification. The Department can determine if a penalty can be waived or reduced if the circumstances justify it, considering:
- the cause of the violation being an isolated incident and not part of a pattern or practice;
- the number of residents affected;
- the risk of harm or endangerment;
- the facility’s history of citations and violations;
- the promptness of rectification, if delay was occasioned by DOH; and
- the specific circumstances of the violations.
- Eliminate the ability to reduce or waive fines in circumstances of endangerment. While the definition of endangerment has not changed, it should be noted that it includes “the retention of any resident who has been evaluated by the resident's physician as being medically or mentally unsuited for care in the facility or as requiring placement in a hospital or residential health care facility and for whom the operator is not making persistent efforts to secure appropriate placement.”
- Eliminate the ability to reduce or waive fines if the violation resulted in harm to a resident, which includes:
- physical injury;
- loss or denial of access to money or other personal property;
- being the object of words or conduct that constitute bullying, harassment, humiliation, infantilization, intimidation, taunt, ridicule, a threat, or derogatory comment; or
- if it is a repeat violation, which is defined as a violation for which the ACF was cited by DOH at any time within the last 12 months.
- Require ACFs to post resident agreements and rates on the web.
- Require ACFs to publicly post complaint-driven inspection reports and make them available to prospective residents.
Enter your information below to contact your lawmakers, urging them to reject an increase in penalties for ACFs. You can also access LeadingAge NY's memo of opposition here.