N.Y. Public Health Law 2897-B – Penalties
§ 2897-b. Penalties. 1. It shall be a misdemeanor for a person to:
Terms Used In N.Y. Public Health Law 2897-B
- Board: means the board of examiners of nursing home administrators as provided for in this article. See N.Y. Public Health Law 2895-A
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Nursing home: means a facility issued an operating certificate as a nursing home pursuant to article twenty-eight of this chapter. See N.Y. Public Health Law 2895-A
(a) sell or fraudulently obtain or furnish a nursing home administrator diploma, license, record, or certificate of registration, or aid or abet in the same;
(b) practice nursing home administration under cover of a diploma, license or registration illegally or fraudulently obtained or signed or issued unlawfully, or under fraudulent representation or mistake of fact in material regard;
(c) practice or hold himself out as entitled to practice nursing home administration without a valid license or after he shall have been convicted of a felony;
(d) practice fraud, subterfuge or deceit, misrepresent or conceal a material fact, use a false name or wilfully make a false statement in submitting an application for licensure or registration.
(e) otherwise violate any of the provisions of this article.
2. Such misdemeanor shall be punishable by imprisonment for not more than one year or by a fine of not more than five thousand dollars, or by both such fine and imprisonment for each separate violation.
3. A violation of this article, when reported to the department and duly substantiated by affidavits or other satisfactory evidence, shall be investigated and, if the report is found to be true and the complaint substantiated, the board shall report such violation to the attorney general and request prompt prosecution.
4. In the prosecution of any criminal action for violation of this article by the attorney general or his deputy, the attorney general or his deputy may exercise all the powers and perform all the duties with respect to such actions or proceedings which the district attorney would otherwise be authorized or required to exercise or perform, and in such action or proceeding the district attorney shall only exercise such powers and perform such duties as are required of him by the attorney general or the deputy attorney general so attending.