Narrative of Resolution:
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Authorize a Civil Settlement with Department of Health
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If Resolution requires expenditure of County Funds, provide the following information:
Amount to be authorized by Resolution: $32,000
Are funds already budgeted? No
Specify Compliance with Procurement Procedures:
October 12, 2023
AUTHORIZING CIVIL SETTLEMENT WITH DEPARTMENT OF HEALTH
Legislators Doherty, and Salamone offer the following:
WHEREAS, the Sullivan County Adult Care Center is operated by the County of Sullivan under a Certificate of Need issued by the New York State Department of Health, and
WHEREAS, The New York State Department of Health has made certain findings upon an inspection of the Sullivan County Adult Care Center (Facility), and
WHEREAS, The Department’s findings included an alleged violation of Article 28 of the Public Health Law (PHL) and Part 415 of Title 10 (10 NYCRR Part 415); and
WHEREAS, Prior to commencement of Administrative Enforcement Proceedings based upon the alleged violation by service of a Notice of Hearing and Statement of Charges, the Department and the County have engaged in Settlement Discussions, and
WHEREAS, The County of Sullivan has a limited and Time Sensitive opportunity to enter into a Civil Settlement with the New York State Department of Health by executing a Stipulation and agreeing to pay a 1 time fine of Ten Thousand Dollars ($10,000.00) and a one time payment of Twenty Two Thousand Dollars ($22,000.00) for CMS, Now Therefore it is hereby
RESOLVED, That the County Manager is authorized to enter into a Stipulation and Agreement with the New York State Department of Health settling the alleged violations of Article 28 of the Public Health Law and Part 415 of Title 10; and it is further
RESOLVED: The County Manager is hereby authorized and the Legislature hereby appropriates the sum of Ten Thousand Dollars ($10,000.00) and CMS of Twenty Two Thousand Dollars ($22,000.00) for a total of $32,000.00 to satisfy the County Obligation pursuant to said Stipulation and Settlement; and it is further
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RESOLVED, that the County Manager and the County Attorney are hereby authorized to engage in discussions with the County’s consultant at the Adult Care Center to recovery all sums paid in conjunction with this settlement.
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