senate Bill S1982A

2011-2012 Legislative Session

Requires hospital incident reports to be simultaneously provided to the affected patients and/or their legal representatives

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Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2012 print number 1982a
amend and recommit to judiciary
Jan 04, 2012 referred to judiciary
Mar 08, 2011 committee discharged and committed to judiciary
Jan 14, 2011 referred to codes

S1982 - Details

See Assembly Version of this Bill:
A4909A
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §214-a, CPLR; amd §2805-l, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
A9114

S1982 - Summary

Requires general hospital which submits an incident report to the department of health to simultaneously provide a copy of such report to the affected patients and/ or their legal representatives; stays the statute of limitations for medical, dental and podiatric malpractice causes of action until one year after an incident report is submitted.

S1982 - Sponsor Memo

S1982 - Bill Text download pdf

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

                                  1982

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by Sen. GIANARIS -- 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 and the  public  health
  law,  in relation to the provision of hospital incident reports to the
  affected patients or their representatives

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "patient sunlight act".
  S 2. Section 214-a of the civil practice law and rules, as amended  by
chapter 485 of the laws of 1986, is amended to read as follows:
  S  214-a.  Action  for  medical, dental or podiatric malpractice to be
commenced within two years and six months; exceptions. 1. An action  for
medical,  dental  or  podiatric malpractice must be commenced within two
years and six months of the act, omission or failure  complained  of  or
last treatment where there is continuous treatment for the same illness,
injury  or  condition which gave rise to the said act, omission or fail-
ure[; provided, however, that where].
  2. (A) NOTWITHSTANDING THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
SECTION, AN ACTION FOR MEDICAL, DENTAL OR PODIATRIC MALPRACTICE NEED NOT
BE  COMMENCED  WITHIN  TWO  YEARS AND SIX MONTHS OF THE ACT, OMISSION OR
FAILURE COMPLAINED OF OR LAST TREATMENT WHERE THERE IS CONTINUOUS TREAT-
MENT FOR THE SAME ILLNESS, INJURY OR CONDITION WHICH GAVE RISE  TO  SAID
ACT,  OMISSION  OR  FAILURE,  IF THE DEFENDANT IS A GENERAL HOSPITAL, AS
DEFINED IN SUBDIVISION TEN OF SECTION TWENTY-EIGHT HUNDRED  ONE  OF  THE
PUBLIC  HEALTH  LAW,  AND  HAS  FAILED  TO  FILE  AN INCIDENT REPORT, AS
REQUIRED  BY  SECTION  TWENTY-EIGHT  HUNDRED  FIVE-L  OF  SUCH  LAW,  IN
CONNECTION  WITH  THE  INCIDENT  THAT  IS THE SUBJECT OF THE MALPRACTICE
ACTION. IN SUCH CASE, THE ACTION MAY BE COMMENCED WITHIN ONE YEAR OF THE
DATE SUCH INCIDENT REPORT IS FILED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04123-01-1

S1982A (ACTIVE) - Details

See Assembly Version of this Bill:
A4909A
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §214-a, CPLR; amd §2805-l, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
A9114

S1982A (ACTIVE) - Summary

Requires general hospital which submits an incident report to the department of health to simultaneously provide a copy of such report to the affected patients and/ or their legal representatives; stays the statute of limitations for medical, dental and podiatric malpractice causes of action until one year after an incident report is submitted.

S1982A (ACTIVE) - Sponsor Memo

S1982A (ACTIVE) - Bill Text download pdf

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

                                 1982--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the civil practice law and rules and the  public  health
  law,  in relation to the provision of hospital incident reports to the
  affected patients or their representatives

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "patient sunlight act".
  S 2. Section 214-a of the civil practice law and rules, as amended  by
chapter 485 of the laws of 1986, is amended to read as follows:
  S  214-a.  Action  for  medical, dental or podiatric malpractice to be
commenced within two years and six months; exceptions. 1. An action  for
medical,  dental  or  podiatric malpractice must be commenced within two
years and six months of the act, omission or failure  complained  of  or
last treatment where there is continuous treatment for the same illness,
injury  or  condition which gave rise to the said act, omission or fail-
ure[; provided, however, that where].
  2. (A) NOTWITHSTANDING THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
SECTION, AN ACTION FOR MEDICAL, DENTAL OR PODIATRIC MALPRACTICE NEED NOT
BE  COMMENCED  WITHIN  TWO  YEARS AND SIX MONTHS OF THE ACT, OMISSION OR
FAILURE COMPLAINED OF OR LAST TREATMENT WHERE THERE IS CONTINUOUS TREAT-
MENT FOR THE SAME ILLNESS, INJURY OR CONDITION WHICH GAVE RISE  TO  SAID
ACT,  OMISSION  OR  FAILURE,  IF THE DEFENDANT IS A GENERAL HOSPITAL, AS
DEFINED IN SUBDIVISION TEN OF SECTION TWENTY-EIGHT HUNDRED  ONE  OF  THE
PUBLIC  HEALTH  LAW,  AND  HAS  FAILED  TO  FILE  AN INCIDENT REPORT, AS
REQUIRED  BY  SECTION  TWENTY-EIGHT  HUNDRED  FIVE-L  OF  SUCH  LAW,  IN
CONNECTION  WITH  THE  INCIDENT  THAT  IS THE SUBJECT OF THE MALPRACTICE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04123-03-1

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