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

                                  2138

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. SIMOTAS, HOOPER -- read once and referred 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.
              

                                                           LBD01528-01-3

A. 2138                             2

  (B) 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 FAIL-
URE COMPLAINED OF OR LAST TREATMENT WHERE THERE IS CONTINUOUS  TREATMENT
FOR  THE  SAME ILLNESS, INJURY OR CONDITION WHICH GAVE RISE TO SAID ACT,
OMISSION OR FAILURE, WHERE SUCH ACTION IS AGAINST A GENERAL HOSPITAL, AS
DEFINED IN SUBDIVISION TEN OF SECTION TWENTY-EIGHT HUNDRED  ONE  OF  THE
PUBLIC HEALTH LAW, REGARDLESS OF WHETHER SUCH ACTION IS OTHERWISE BARRED
BY  SUBDIVISION  ONE OF THIS SECTION AGAINST ANY PERSON LICENSED, CERTI-
FIED OR REGISTERED PURSUANT TO TITLE EIGHT OF THE EDUCATION  LAW,  WHERE
SUCH  INDIVIDUAL  OR  GENERAL  HOSPITAL  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.
  3.  WHERE the action is based upon the discovery of a  foreign  object
in  the body of the patient, the action may be commenced within one year
of the date of such discovery or of the date of discovery of facts which
would reasonably lead to such discovery, whichever is earlier.  For  the
purpose  of  this  section  the  term  "continuous  treatment" shall not
include examinations undertaken at the request of the  patient  for  the
sole  purpose  of ascertaining the state of the patient's condition. For
the purpose of this section the term "foreign object" shall not  include
a chemical compound, fixation device or prosthetic aid or device.
  S  3.  Section  2805-l of the public health law is amended by adding a
new subdivision 2-a to read as follows:
  2-A.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, COPIES  OF
ANY  REPORTS  SUBMITTED TO THE DEPARTMENT PURSUANT TO THIS SECTION SHALL
SIMULTANEOUSLY BE PROVIDED TO:
  (A) THE PATIENT OR PATIENTS WHO WERE AFFECTED IN SUCH A MANNER  AS  TO
REQUIRE THE SUBMISSION OF SUCH INCIDENT REPORT;
  (B)  IN  THE  EVENT  SUCH A PATIENT IS DECEASED OR INCAPACITATED, SUCH
REPORT SHALL BE PROVIDED TO THE PATIENT'S LEGAL  REPRESENTATIVE  OR  THE
LEGAL REPRESENTATIVE OF THE PATIENT'S ESTATE; AND
  (C)  THE  PERSONS,  FAMILY OR OTHER PARTY IDENTIFIED IN THE HOSPITAL'S
RECORDS AS THE PARTY OR PARTIES DESIGNATED BY SUCH PATIENT FOR NOTIFICA-
TION OR CONSULTATION IN THE EVENT OF THE PATIENT'S INCAPACITY OR DEATH.
  S 4. This act shall take effect immediately.