Senate Bill S7693

2009-2010 Legislative Session

Establishes the health care courts pilot program

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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-S7693 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add Art 44-A §§4410 - 4417, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: S3437
2013-2014: S3098
2015-2016: S1512
2017-2018: S3098
2019-2020: S5105
2021-2022: S5656
2023-2024: S7275

2009-S7693 (ACTIVE) - Summary

Establishes the health care courts pilot program.

2009-S7693 (ACTIVE) - Sponsor Memo

2009-S7693 (ACTIVE) - Bill Text download pdf

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

                                  7693

                            I N  S E N A T E

                               May 3, 2010
                               ___________

Introduced  by  Sen.  ESPADA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the civil practice law and rules, in relation to  estab-
  lishing the health care courts pilot program

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

  Section 1. The civil practice law and rules is amended by adding a new
article 44-A to read as follows:
                              ARTICLE 44-A
                    HEALTH CARE COURTS PILOT PROGRAM
SECTION 4410. CREATION.
        4411. HEALTH CARE COURT JUDGES; SELECTION.
        4412. JUDICIAL TRAINING.
        4413. COURT APPOINTED MEDICAL EXPERTS.
        4414. PROCEDURE.
        4415. APPELLATE REVIEW.
        4416. REPORTS.
        4417. DISCLAIMER.
  S 4410. CREATION. THE OFFICE OF COURT ADMINISTRATION MAY SELECT UP  TO
FIVE  COUNTIES,  EACH WITHIN A SEPARATE JUDICIAL DISTRICT IN THIS STATE,
TO ESTABLISH SPECIALIZED HEALTH CARE COURTS WITHIN THE SUPREME COURT  OF
SUCH COUNTIES TO GOVERN CLAIMS FOR MEDICAL, DENTAL OR PODIATRIC MALPRAC-
TICE AS SET FORTH IN THIS SECTION. ONCE A SUPREME COURT WITHIN A PARTIC-
ULAR  COUNTY  HAS  ESTABLISHED A HEALTH CARE COURT AS SET FORTH  IN THIS
SECTION, SUCH COURT SHALL  HAVE  EXCLUSIVE  JURISDICTION  OVER  ALL  THE
CLAIMS  FOR  MEDIAL,  DENTAL OR PODIATRIC MALPRACTICE BROUGHT WITHIN THE
SUPREME COURT OF SUCH COUNTY.
  S 4411. HEALTH CARE COURT JUDGES; SELECTION. JUDGES SHALL BE  SELECTED
TO  SERVE  IN THE HEALTH CARE COURT DIVISION FROM AMONG THOSE JUDGES WHO
ARE ELECTED OR APPOINTED TO THE SUPREME COURT IN A  COUNTY  SELECTED  TO
PARTICIPATE IN THE HEALTH CARE COURTS PILOT PROGRAM. FOR THE PURPOSES OF
THIS ARTICLE, "JUDGE" SHALL MEAN A JUDGE OF THE HEALTH CARE DIVISION.
  S  4412. JUDICIAL TRAINING. (A) UPON SELECTION OF A PARTICULAR SUPREME
COURT JUDGE TO HEAR CASES IN THE COUNTY'S HEALTH CARE COURT AND PRIOR TO

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

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