N.Y. Public Health Law § 1389-gg: Violations of title thirteen

§ 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.