Amendment ID: S2889-47

Amendment 47

Relative to Oversight of Assisted Living

Messrs. Feeney, Keenan, Timilty, Payano and Collins move that the proposed new text be amended in section 5, by striking out, in lines 156-160, the words "Section 6. (a) If the department determines a sponsor or applicant has failed or refused to comply with requirements established under this chapter or the regulations promulgated thereunder, the department may: (i) deny an application for recertification; (ii) modify, suspend or revoke a certification; or (iii) issue a fine of not more than $500 for each day of such failure or refusal to comply" and inserting in place thereof the following words:- “Section 6. (a) If the department determines a sponsor or applicant has failed or refused to comply with requirements established under this chapter or the regulations promulgated thereunder, the department may: (i) deny an application for recertification or revoke a certification in the event such failure or noncompliance resulted in actual harm to more than one resident, (ii) issue a time-limited hold on new admissions or modify or suspend a certification in the event such failure or noncompliance resulted in actual harm to at least one resident; or (iii) issue a fine of not more than $500 for each day of each cited failure or noncompliance, commencing on the date of identification by the department, in the event such failure or refusal to comply reasonably poses a risk to the health, safety or welfare of more than one resident; however, such fine shall not exceed $5,000 per citation. In no event shall fines be issued when a penalty under (i) or (ii) above is issued by the department"; and

In section 5, by striking out, in line 106, the figure “5” and inserting in place thereof the following figure:- “15".