Assembly Bill A6990

2011-2012 Legislative Session

Enacts the unfair clawback prohibition act; prohibits the state or a political subdivision from instituting an action to seek payment of care provided to the claimant

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2011-A6990 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §1304, CPLR

2011-A6990 (ACTIVE) - Summary

Enacts the unfair clawback prohibition act; prohibits the state or a political subdivision from instituting an action to seek payment of care provided to the claimant when tortious conduct is present.

2011-A6990 (ACTIVE) - Bill Text download pdf 

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

                                  6990

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 7, 2011
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Judiciary

AN ACT to amend the civil practice law and rules, in relation to  enact-
  ing the unfair clawback prohibition act

  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 "unfair clawback prohibition act".
  S  2.  The  civil  practice  law  and rules is amended by adding a new
section 1304 to read as follows:
  S 1304. JUDGMENTS PROTECTED  AGAINST  UNFAIR  CLAWBACKS.  NEITHER  THE
STATE  NOR  ITS POLITICAL SUBDIVISIONS MAY SEEK REIMBURSEMENT FOR HEALTH
CARE SERVICES RENDERED TO A PERSON FROM MONEY PAID TO SUCH PERSON OR HIS
OR HER ESTATE IN SETTLEMENT, OR IN SATISFACTION  OF  A  JUDGMENT,  OF  A
CLAIM  MADE BY SUCH PERSON OR ESTATE FOR TORTIOUS CONDUCT ON THE PART OF
THE STATE OR SUCH POLITICAL SUBDIVISION.
  S 3. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08054-06-1

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