senate Bill S7589

2013-2014 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 Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 15, 2014 referred to mental health and developmental disabilities

S7589 - Bill Details

See Assembly Version of this Bill:
A5153
Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยง43.03, Ment Hyg L

S7589 - Bill Texts

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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.

view sponsor memo
BILL NUMBER:S7589

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL:

This bill would prohibit OMH from billing a person for his/her care
and treatment when the source of the funds for making such a payment
comes from the proceeds of a suit against the State for negligent or
improper treatment.

SUMMARY OF SPECIFIC PROVISIONS:

This bill adds a new subdivision (e) to section 43.03 of the mental
hygiene law which specifically adds language to prevent monetary
awards arising from judgments or settlements as a result of a cause of
action against state employees or officials to be used to pay for
their care and treatment.

JUSTIFICATION:

This bill was brought to the sponsor's attention by the case of a Mr.
Kaplan who was stabbed to death while a patient of Kingsboro PC. The
family sued the State and then received a bill for the care and
treatment of this man, including the day that he was murdered by his
roommate. There are other such cases pending at this time including
two rape cases and an attempted suicide. This practice, which has not
been uncommon, has a chilling effect on a patient's right to sue the
State for redress for serious injury or death. It removes the
incentive for the State to correct unsafe or abusive practices.

PRIOR LEGISLATIVE HISTORY:

S.4839b/A.3639b - 1999-2000. Passed the Assembly.
2001-02 A.2619 - Passed Assembly.
2003-04 A.2713 - Passed Assembly.
2005-06 A.2019 - Passed Assembly.
2007-08 A.1438 - passed Assembly
2009-10 A.2526 - in Mental Health Committee
2011-12 A4345A- Passed Assembly

EFFECTIVE DATE:

Immediately.

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

                                  7589

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

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.
                                                           LBD09111-01-3

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