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

                                10719--A

                          I N  A S S E M B L Y

                              June 13, 2016
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weinstein)
  -- read once and referred to the Committee on Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the civil practice law and rules, in relation to accrual
  of causes of action for medical, dental and podiatric malpractice

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

  Section 1. The opening paragraph of subdivision (g) of section 203  of
the  civil  practice  law  and rules is designated paragraph 1 and a new
paragraph 2 is added to read as follows:
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR THE
PURPOSES OF SECTIONS FIFTY-E AND FIFTY-I OF THE GENERAL  MUNICIPAL  LAW,
SECTION  TEN OF THE COURT OF CLAIMS ACT, AND THE PROVISIONS OF ANY OTHER
LAW PERTAINING TO THE COMMENCEMENT OF AN ACTION OR  SPECIAL  PROCEEDING,
OR  TO  THE  FILING  OF  A  NOTICE  OF CLAIM AS A CONDITION PRECEDENT TO
COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING WITHIN A SPECIFIED  TIME
PERIOD,  THE  PERIOD  IN WHICH TO COMMENCE AN ACTION OR PROCEEDING OR TO
FILE SUCH NOTICE OF CLAIM FOR MEDICAL, DENTAL OR  PODIATRIC  MALPRACTICE
SHALL  NOT BEGIN TO RUN UNTIL THE LATER OF EITHER: (A) WHEN ONE KNOWS OR
REASONABLY SHOULD HAVE KNOWN OF THE ALLEGED NEGLIGENT  ACT  OR  OMISSION
AND  KNOWS  OR  REASONABLY  SHOULD HAVE KNOWN THAT SUCH NEGLIGENT ACT OR
OMISSION HAS CAUSED AN INJURY; OR (B) THE DATE  OF  THE  LAST  TREATMENT
WHERE  THERE  IS  CONTINUOUS  TREATMENT  FOR THE SAME ILLNESS, INJURY OR
CONDITION WHICH GAVE RISE TO THE ACCRUAL OF  AN  ACTION.  HOWEVER,  SUCH
ACTION  SHALL  COMMENCE NO LATER THAN SEVEN YEARS FROM 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 ACT, OMISSION OR FAILURE; PROVIDED, HOWEVER, THAT WHERE  THE  ACTION
IS  BASED  UPON  THE  DISCOVERY  OF  A  FOREIGN  OBJECT IN THE BODY OF A
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00100-19-6
              

A. 10719--A                         2

  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.  An  action  for
medical,  dental  or  podiatric malpractice must be commenced within two
years and six months of the ACCRUAL OF ANY SUCH ACTION.  THE ACCRUAL  OF
AN ACTION OCCURS AT THE LATER OF EITHER (A) WHEN ONE KNOWS OR REASONABLY
SHOULD  HAVE KNOWN OF THE ALLEGED NEGLIGENT ACT OR OMISSION AND KNOWS OR
REASONABLY SHOULD HAVE KNOWN THAT SUCH NEGLIGENT  ACT  OR  OMISSION  HAS
CAUSED  AN  INJURY;  OR  (B) WITHIN TWO YEARS AND SIX MONTHS OF THE LAST
TREATMENT WHERE THERE IS CONTINUOUS  TREATMENT  FOR  THE  SAME  ILLNESS,
INJURY  OR CONDITION WHICH GAVE RISE TO THE ACCRUAL OF AN ACTION. HOWEV-
ER, SUCH ACTION SHALL COMMENCE NO LATER THAN SEVEN YEARS FROM  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 failure; provided, however, that
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 exam-
inations 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. With regard to any person, who within two years and   six  months
(or  in  actions  to which section 50-e or 50-i of the general municipal
law or section 10 of the court of claims act apply, the period  applica-
ble  under  such  sections) prior to the effective date of this act, (a)
knew or reasonably should have known of  a  negligent  act  or  omission
constituting  medical,  dental  or  podiatric  malpractice,  and knew or
reasonably should have known that such negligent  act  or  omission  has
caused  an injury, or (b) within two years and six months (or in actions
to which section 50-e or 50-i of the general municipal law or section 10
of the court of claims act  apply,  the  period  applicable  under  such
sections) of his or her last treatment where there was continuous treat-
ment  for  the  same  illness,  injury  or  condition giving rise to the
accrual of a medical, dental or podiatric malpractice  action;  notwith-
standing  any  other  provision  of  law  to the contrary, such person's
action for medical, dental or podiatric malpractice shall be  deemed  to
accrue  on  the effective date of this act and shall be commenced within
two years and six months (or in actions to which section 50-e or 50-i of
the general municipal law or section 10  of  the  court  of  claims  act
apply,  the  period  applicable  under  such sections) of such effective
date, provided that if an action would be timely pursuant to subdivision
(a) of this section, such action must be commenced within seven years of
the act or omission referred to in  subdivision  (a)  of  this  section.
Where  a  specific provision of law exists in any other provision of law
which is inconsistent with the provisions of this  act,  such  provision
shall apply unless a provision of this act specifies that such provision
of this act shall apply notwithstanding any other provision of law.
  S 4. This act shall take effect immediately.