S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3339
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of A. WEINSTEIN, GOTTFRIED, PERRY, JAFFEE, BRINDISI,
   ROSENTHAL,  THIELE,  PAULIN,  HOOPER,  SIMANOWITZ,  ABINANTI,  TITONE,
   LIFTON,  M. G. MILLER,  AUBRY,  JENNE,  DINOWITZ,  HYNDMAN, RODRIGUEZ,
   SEPULVEDA, SANTABARBARA -- Multi-Sponsored by -- M. of A.  BRAUNSTEIN,
   BUCHWALD,  CYMBROWITZ,  KEARNS, TITUS -- read once and referred to the
   Committee on Codes
 
 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 TEN YEARS FROM 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 THE
 ACT, OMISSION OR FAILURE; PROVIDED, HOWEVER, THAT WHERE  THE  ACTION  IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02848-01-7

 A. 3339                             2
 
 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  DISCOV-
 ERY  OR OF THE DATE OF DISCOVERY OF FACTS WHICH WOULD REASONABLY LEAD TO
 SUCH DISCOVERY, WHICHEVER IS EARLIER.
   §  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:
   § 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 TEN 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.
   § 3. This act shall take effect immediately.