S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
April 3, 2013
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to remedies available
in private actions by patients of residential health care facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 2801-d of the public health law,
as amended by chapter 61 of the laws of 2009, is amended and a new
subdivision 4-a is added to read as follows:
4. Any damages recoverable pursuant to this section, including minimum
damages as provided by subdivision two of this section, may be recovered
in any action which a court may authorize to be brought as a class
action pursuant to article nine of the civil practice law and rules. The
remedies provided in this section are in addition to and cumulative with
any other remedies available to a patient, THE PATIENT'S LEGAL REPRESEN-
TATIVE, OR THE PATIENT'S ESTATE at law or in equity or by administrative
proceedings, including tort causes of action, and may be granted regard-
less of whether such other remedies are available or are sought. A
violation of subdivision three of section twenty-eight hundred three-c
of this article is not a prerequisite for a claim under this section.
Exhaustion of any available administrative remedies shall not be
required prior to commencement of suit hereunder.
4-A. UNDER THIS SECTION, ANY ACTION THAT MAY BE BROUGHT, AND ANY
RELIEF THAT MAY BE SOUGHT OR RECEIVED, MAY BE BROUGHT, SOUGHT OR
RECEIVED IN AN APPROPRIATE CASE BY THE PATIENT'S LEGAL REPRESENTATIVE OR
THE PATIENT'S ESTATE.
S 2. This act shall take effect immediately and apply to any actions
filed on and after such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.