Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to judiciary |
Apr 12, 2011 |
referred to judiciary |
Senate Bill S4576
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary 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
Actions
2011-S4576 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- General Obligations Law
- Laws Affected:
- Amd §5-335, Gen Ob L
2011-S4576 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4576 TITLE OF BILL: An act to amend the general obligation law, in relation to the limitation of non-statutory reimbursement and subrogation This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Civil Practice. This measure would amend General Obligations Law §5-335, which was enacted in 2009 (L. 2009, c. 494, pt. F, §8, eff. Nov. 12, 2009) to further facilitate resolution of personal injury lawsuits. Section 5-335 was enacted in response to the Court of Appeals' decision in Fasso v Doerr, 12 NY3d 80 (2009). The Fasso court held that the parties to a personal injury lawsuit could not enter into a settlement without the consent of a health insurer that had intervened in the action, thereby upholding the right of the health benefit provider to pursue a subrogation claim. Consistent with CPLR §4545, which bars plaintiffs in personal injury actions from recovering expenses that have been paid for by collateral sources, the recently enacted GOL §5-335 creates a conclusive presumption that a personal injury settlement does not include compensation for health
2011-S4576 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4576 2011-2012 Regular Sessions I N S E N A T E April 12, 2011 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the general obligation law, in relation to the limita- tion of non-statutory reimbursement and subrogation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 5-335 of the general obligations law, as added by section 8 of part F of chapter 494 of the laws of 2009, is amended to read as follows: S 5-335. Limitation of non-statutory reimbursement and subrogation claims in personal injury and wrongful death actions. (a) When a plain- tiff settles with, OR OBTAINS JUDGMENT AGAINST, one or more defendants in an action for personal injuries, medical, dental, or podiatric malp- ractice, or wrongful death, it shall be conclusively presumed that the settlement OR JUDGEMENT does not include any compensation for the cost of health care services, loss of earnings or other economic loss to the extent those losses or expenses have been or are obligated to be paid or reimbursed by a benefit provider, except for those payments as to which there is a statutory right of reimbursement. By entering into any such settlement OR BY SEEKING OR OBTAINING SUCH JUDGEMENT, a plaintiff shall not be deemed to have taken an action in derogation of any nonstatutory right of any benefit provider that paid or is obligated to pay those losses or expenses; nor shall a plaintiff's entry into such settlement OR RECOVERY OF SUCH JUDGEMENT constitute a violation of any contract between the plaintiff and such benefit provider. Except where there is a statutory right of reimbursement, no party entering into such a settlement OR OBTAINING SUCH A JUDGEMENT shall be subject to a subrogation claim or claim for reimbursement by a benefit provider and a benefit provider shall have no lien or right of subroga- tion or reimbursement against any such [settling] party, with respect to EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09309-01-1
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