Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Aug 17, 2022 |
signed chap.502 |
Aug 05, 2022 |
delivered to governor |
Jun 02, 2022 |
returned to assembly passed senate 3rd reading cal.887 substituted for s995 |
Jun 02, 2022 |
substituted by a159 |
May 02, 2022 |
advanced to third reading |
Apr 27, 2022 |
2nd report cal. |
Apr 26, 2022 |
1st report cal.887 |
Jan 05, 2022 |
referred to health |
Jan 06, 2021 |
referred to health |
Senate Bill S995
Signed By Governor2021-2022 Legislative Session
Sponsored By
(D, WF) 47th Senate District
Archive: Last Bill Status Via A159 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2021-S995 (ACTIVE) - Details
2021-S995 (ACTIVE) - Sponsor Memo
BILL NUMBER: S995 SPONSOR: HOYLMAN 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 subdivi- sion 2801-d(4-a) to clarify that the right to sue extends to the nursing home patient's legal representative or estate. JUSTIFICATION:
2021-S995 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 995 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ 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. § 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. LBD00113-01-1
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