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Senate Bill S3907

Signed By Governor

2009-2010 Legislative Session

Provides clarification on the private right of action by a patient of a residential health care facility

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Archive: Last Bill Status Via A763 - Signed by Governor

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2009-S3907 (ACTIVE) - Details

See Assembly Version of this Bill:
A763
Law Section:
Public Health Law
Laws Affected:
Amd §2801-d, Pub Health L

2009-S3907 (ACTIVE) - Summary

Provides clarification on the private right of action by a patient of a residential health care facility; includes definition of injury.

2009-S3907 (ACTIVE) - Sponsor Memo

2009-S3907 (ACTIVE) - Bill Text download pdf 

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

                                  3907

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 3, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- 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 private rights  of
  action by patients in 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 1 of section 2801-d of the public  health  law,
as  added  by  chapter  658  of  the laws of 1975, is amended to read as
follows:
  1. Any residential health care facility that deprives any  patient  of
said  facility of any right or benefit, as hereinafter defined, shall be
liable to said patient for injuries suffered as a result of said  depri-
vation,  except  as hereinafter provided. For purposes of this section a
"right or benefit" of a patient of a residential  health  care  facility
shall  mean any right or benefit created or established for the well-be-
ing of the patient by the terms of any contract, by any  state  statute,
code,  rule  or  regulation  or by any applicable federal statute, code,
rule or regulation, where noncompliance by said facility with such stat-
ute, code, rule or regulation has not been expressly authorized  by  the
appropriate  governmental authority. No person who pleads and proves, as
an affirmative defense, that the facility exercised all care  reasonably
necessary  to  prevent  and  limit  the deprivation and injury for which
liability is asserted shall  be  liable  under  this  section.  FOR  THE
PURPOSES OF THIS SECTION, "INJURY" SHALL INCLUDE, BUT NOT BE LIMITED TO,
PHYSICAL  HARM  TO  A  PATIENT;  EMOTIONAL HARM TO A PATIENT; DEATH OF A
PATIENT; AND FINANCIAL LOSS TO A PATIENT.
  S 2.  Subdivision 4 of section 2801-d of the  public  health  law,  as
added by chapter 658 of the laws of 1975, is amended 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01110-01-9

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