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Assembly Bill A3854

2015-2016 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 - On Floor Calendar

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2015-A3854 (ACTIVE) - Details

See Senate Version of this Bill:
S1784
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยง43.03, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2526
2011-2012: A4346
2013-2014: A5153, S7589
2017-2018: A3134, S2341
2019-2020: A3402, S4255

2015-A3854 (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.

2015-A3854 (ACTIVE) - Bill Text download pdf 

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

                                  3854

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of A. BRENNAN, JAFFEE, CAHILL, ZEBROWSKI, GUNTHER --
  Multi-Sponsored by -- M. of A. ABBATE, ABINANTI, AUBRY,  DenDEKKER  --
  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.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01340-01-5

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