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Assembly Bill A725

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Health Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2009-A725 - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §2801-d, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: A657
2013-2014: A2687
2015-2016: A442
2017-2018: A2478
2019-2020: A1202
2021-2022: A159

2009-A725 - 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.

2009-A725 - Bill Text download pdf 

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

                                   725

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. GOTTFRIED, PAULIN, GALEF, ROBINSON, JAFFEE, MILL-
  MAN,  COLTON, CHRISTENSEN, SCARBOROUGH, LANCMAN, CAHILL -- Multi-Spon-
  sored by -- M. of A. BRENNAN, DINOWITZ, GLICK, LIFTON, McENENY, PERRY,
  STIRPE, TITONE, TOWNS, WEISENBERG -- read once  and  referred  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 added by chapter 658 of the laws of 1975, is amended and a new subdi-
vision 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.  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.
A                                                          LBD01117-01-9

co-Sponsors

multi-Sponsors

2009-A725A (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §2801-d, Pub Health L
Versions Introduced in Other Legislative Sessions:
2011-2012: A657
2013-2014: A2687
2015-2016: A442
2017-2018: A2478
2019-2020: A1202
2021-2022: A159

2009-A725A (ACTIVE) - 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.

2009-A725A (ACTIVE) - Sponsor Memo

2009-A725A (ACTIVE) - Bill Text download pdf 

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

                                 725--A
                                                         Cal. No. 61

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. GOTTFRIED, PAULIN, GALEF, ROBINSON, JAFFEE, MILL-
  MAN,  COLTON, CHRISTENSEN, SCARBOROUGH, LANCMAN, CAHILL -- Multi-Spon-
  sored by -- M. of A. BRENNAN, DINOWITZ, GLICK, LIFTON, McENENY, PERRY,
  STIRPE, TITONE, TOWNS, WEISENBERG -- read once  and  referred  to  the
  Committee  on  Health  -- reported from committee, advanced to a third
  reading, amended and ordered reprinted, retaining  its  place  on  the
  order of third reading

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

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

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