Assembly Bill A2526

2009-2010 Legislative Session

Provides that money damages shall not be considered in determining whether or not there exists an inability to pay for department of mental hygiene services

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • 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

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2009-A2526 (ACTIVE) - Details

Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §43.03, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4346
2013-2014: A5153
2015-2016: A3854
2017-2018: A3134
2019-2020: A3402

2009-A2526 (ACTIVE) - Summary

Provides that moneys awarded as damages or obtained by judgment or settlement as a result of a cause of action commenced against officers or employees of the office of mental health shall not be considered assets for purposes of determining whether or not there exists an inability to pay for services; provides that such moneys shall not be seized, offset or otherwise attached for the purposes of paying fees for services rendered by the department of mental hygiene.

2009-A2526 (ACTIVE) - Bill Text download pdf 

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

                                  2526

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2009
                               ___________

Introduced by M. of A. BRENNAN, WEISENBERG, SCHROEDER, JAFFEE, CAHILL --
  Multi-Sponsored  by  --  M. of A. BOYLAND, DINOWITZ, GLICK, GOTTFRIED,
  HOOPER, JACOBS,  LANCMAN,  MENG,  MILLMAN,  PERRY  --  read  once  and
  referred  to  the  Committee  on Mental Health, Mental Retardation and
  Developmental Disabilities

AN ACT to amend the mental hygiene law, in relation to liability for the
  payment of fees for services rendered  by  the  department  of  mental
  hygiene

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 43.03 of the  mental  hygiene  law  is  amended  by
adding a new subdivision (e) to read as follows:
  (E)  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION, THE COMMIS-
SIONER SHALL NOT COLLECT ANY FEES FOR SERVICES FROM ANY MONIES  PAID  TO
OR  TO  BE  PAID TO OR ON BEHALF OF A PATIENT, HIS ESTATE OR A REPRESEN-
TATIVE OF A PATIENT OR HIS ESTATE, AS A RESULT OF OR  IN  RETURN  FOR  A
RELEASE  OF  LIABILITY OR A COURT ORDERED SETTLEMENT OR JUDGMENT AGAINST
THE STATE ARISING FROM AN ACT OR OMISSION OF THE STATE,  THE  OFFICE  OR
ANY  EMPLOYEE  OR AGENT THEREOF, IF SUCH ACT OR OMISSION OCCURRED DURING
THE COURSE OF CONFINEMENT OF OR DURING THE PROVISION  OF  CARE  TO  SUCH
PATIENT. SUCH MONIES SHALL NOT BE OFFSET OR OTHERWISE ENCUMBERED FOR THE
PURPOSE OF PAYING SUCH FEES.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and  after  January  1,  1999  and
shall  apply  to causes of action pending or commencing on or after such
date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03242-01-9

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