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Assembly Bill A4346A

2011-2012 Legislative Session

Provides that money damages shall not be considered in determining whether or not there exists an inability to pay for department of mental hygiene services

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Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A4346 - Details

Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §43.03, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2526
2013-2014: A5153
2015-2016: A3854
2017-2018: A3134
2019-2020: A3402

2011-A4346 - Summary

Provides that moneys awarded as damages or obtained by judgment or settlement as a result of a cause of action commenced against officers or employees of the office of mental health shall not be considered assets for purposes of determining whether or not there exists an inability to pay for services; provides that such moneys shall not be seized, offset or otherwise attached for the purposes of paying fees for services rendered by the department of mental hygiene.

2011-A4346 - Bill Text download pdf 

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

                                  4346

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced  by  M. of A. BRENNAN, WEISENBERG, SCHROEDER, JAFFEE, CAHILL,
  ZEBROWSKI -- Multi-Sponsored by -- M. of A. ABBATE, BOYLAND,  DenDEKK-
  ER,  DINOWITZ,  GABRYSZAK,  GLICK, GOTTFRIED, HOOPER, JACOBS, LANCMAN,
  MENG, MILLMAN, PERRY -- read once and referred  to  the  Committee  on
  Mental Health

AN ACT to amend the mental hygiene law, in relation to liability for the
  payment  of  fees  for  services  rendered by the department of mental
  hygiene

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

  Section  1.  Section  43.03  of  the  mental hygiene law is amended by
adding a new subdivision (e) to read as follows:
  (E) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,  THE  COMMIS-
SIONER  SHALL  NOT COLLECT ANY FEES FOR SERVICES FROM ANY MONIES PAID TO
OR TO BE PAID TO OR ON BEHALF OF A PATIENT, HIS ESTATE  OR  A  REPRESEN-
TATIVE  OF  A  PATIENT  OR HIS ESTATE, AS A RESULT OF OR IN RETURN FOR A
RELEASE OF LIABILITY OR A COURT ORDERED SETTLEMENT OR  JUDGMENT  AGAINST
THE  STATE  ARISING  FROM AN ACT OR OMISSION OF THE STATE, THE OFFICE OR
ANY EMPLOYEE OR AGENT THEREOF, IF SUCH ACT OR OMISSION  OCCURRED  DURING
THE  COURSE  OF  CONFINEMENT  OF OR DURING THE PROVISION OF CARE TO SUCH
PATIENT. SUCH MONIES SHALL NOT BE OFFSET OR OTHERWISE ENCUMBERED FOR THE
PURPOSE OF PAYING SUCH FEES.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have  been  in  full  force  and effect on and after January 1, 1999 and
shall apply to causes of action pending or commencing on or  after  such
date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00858-01-1

co-Sponsors

multi-Sponsors

2011-A4346A (ACTIVE) - Details

Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §43.03, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2526
2013-2014: A5153
2015-2016: A3854
2017-2018: A3134
2019-2020: A3402

2011-A4346A (ACTIVE) - Summary

Provides that moneys awarded as damages or obtained by judgment or settlement as a result of a cause of action commenced against officers or employees of the office of mental health shall not be considered assets for purposes of determining whether or not there exists an inability to pay for services; provides that such moneys shall not be seized, offset or otherwise attached for the purposes of paying fees for services rendered by the department of mental hygiene.

2011-A4346A (ACTIVE) - Bill Text download pdf 

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

                                 4346--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced  by  M. of A. BRENNAN, WEISENBERG, SCHROEDER, JAFFEE, CAHILL,
  ZEBROWSKI -- Multi-Sponsored by -- M. of A. ABBATE, ABINANTI, BOYLAND,
  DenDEKKER, DINOWITZ,  GABRYSZAK,  GLICK,  GOTTFRIED,  HOOPER,  JACOBS,
  LANCMAN, MENG, MILLMAN, PERRY -- read once and referred to the Commit-
  tee  on  Mental  Health -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the mental hygiene law, in relation to liability for the
  payment of fees for services rendered  by  the  department  of  mental
  hygiene

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

  Section 1. Section 43.03 of the  mental  hygiene  law  is  amended  by
adding a new subdivision (e) to read as follows:
  (E)  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION, THE COMMIS-
SIONER SHALL NOT COLLECT ANY FEES FOR SERVICES FROM ANY MONIES  PAID  TO
OR  TO  BE  PAID TO OR ON BEHALF OF A PATIENT, HIS ESTATE OR A REPRESEN-
TATIVE OF A PATIENT OR HIS ESTATE, AS A RESULT OF OR  IN  RETURN  FOR  A
RELEASE  OF  LIABILITY OR A COURT ORDERED SETTLEMENT OR JUDGMENT AGAINST
THE STATE ARISING FROM AN ACT OR OMISSION OF THE STATE,  THE  OFFICE  OR
ANY  EMPLOYEE  OR AGENT THEREOF, IF SUCH ACT OR OMISSION OCCURRED DURING
THE COURSE OF CONFINEMENT OF OR DURING THE PROVISION  OF  CARE  TO  SUCH
PATIENT. SUCH MONIES SHALL NOT BE OFFSET OR OTHERWISE ENCUMBERED FOR THE
PURPOSE OF PAYING SUCH FEES.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00858-02-1

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