| Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Jan 06, 2016 | referred to mental health and developmental disabilities |
| Jan 14, 2015 | referred to mental health and developmental disabilities |
senate Bill S1784
2015-2016 Legislative Session
Sponsored By
Adriano Espaillat
(D, WF) 0 Senate District
Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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S1784 (ACTIVE) - Details
S1784 (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.
S1784 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1784 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
S1784 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
1784
2015-2016 Regular Sessions
I N S E N A T E
January 14, 2015
___________
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.
LBD01340-01-5
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