senate Bill S4495

Provides for additional remedies for patients' private right of actions in residential health care facilities

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 03 / Apr / 2013
    • REFERRED TO HEALTH
  • 08 / Jan / 2014
    • REFERRED TO HEALTH

Summary

Provides for additional remedies for patients' private right of actions in residential health care facilities; allows class actions by patients, patient's legal representative, or such patient's estate.

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Bill Details

See Assembly Version of this Bill:
A2687
Versions:
S4495
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §2801-d, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A657, A657
2009-2010: A725A, A725A
2007-2008: A8393, A8393

Sponsor Memo

BILL NUMBER:S4495

TITLE OF BILL: An act to amend the public health law, in relation to
remedies available in private actions by patients of residential
health care facilities

PURPOSE OR GENERAL IDEA OF BILL:

To provide that a nursing home patient's right to sue for injuries can
be exercised by the patient's legal representative or estate.

SUMMARY OF SPECIFIC PROVISIONS:

Amend section 2801-d(4) of the Public Health Law and adds a new
subdivision 2801-d(4-a) to clarify that the right to sue extends to
the nursing home patient's legal representative or estate.

JUSTIFICATION:

Following the 1975 massive scandal of fraud and abuse in nursing
homes, Public Health Law § 2801-d was enacted to give patients
increased powers to enforce their right to adequate treatment and care
by providing them the right to sue for damages and other relief.

The bill also makes it clear that the nursing home does not escape
liability for its wrongs just because the patient dies or is unable to
initiate a suit on his or her own behalf.

PRIOR LEGISLATIVE HISTORY:

2007-2008: A.8393 - passed Assembly
2009-2010: A.725 - passed Assembly
2011-2012: A.657 passed Assembly

FISCAL IMPLICATIONS:

None to the state

EFFECTIVE DATE:

Immediately

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4495

                       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.
                                                           LBD01433-01-3

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