N.Y. Comp. Codes R. & Regs. Tit. 10 § 66-4.3 - Penalties
(a) A violation of
any provision of this Subpart shall be subject to penalties in accordance with
sections 12 and 12-b of the Public Health Law.
(b) For adult care facilities, failure to
arrange for the vaccination of every facility resident and personnel as set
forth in section
66-4.2
of this Part constitutes a "failure in systemic practices and procedures" under
Social Services Law 460-d(7)(b)(2)(iii) and pursuant to 18 NYCRR
486.5(a)(4)(v).
(c) In addition to
any monetary penalties or referral for criminal investigation to appropriate
entities, the Department shall be empowered to immediately take custody and
control of such vaccine at a nursing home and re-allocate to another
provider.
Notes
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