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Assembly Bill A8697

2017-2018 Legislative Session

Relates to prohibiting mandatory arbitration clauses in contracts with residential health care facilities and residents of such facilities

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2017-A8697 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Public Health Law
Laws Affected:
Add §2801-h, Pub Health L

2017-A8697 (ACTIVE) - Summary

Relates to prohibiting mandatory arbitration clauses in contracts with residential health care facilities and residents of such facilities.

2017-A8697 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8697
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              October 5, 2017
                                ___________
 
 Introduced  by M. of A. TITONE, GOTTFRIED -- Multi-Sponsored by -- M. of
   A. WEINSTEIN -- read once and referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation to prohibiting manda-
   tory arbitration clauses in contracts  with  residential  health  care
   facilities and residents of such facilities

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 2801-h to read as follows:
   §  2801-H.  MANDATORY  ARBITRATION  CLAUSE  IN RESIDENTIAL HEALTH CARE
 FACILITY CONTRACTS PROHIBITED. 1.  NO  CONTRACT  BETWEEN  A  RESIDENTIAL
 HEALTH  CARE  FACILITY  AND  A  RESIDENT  OR  THEIR REPRESENTATIVE SHALL
 CONTAIN A MANDATORY ARBITRATION CLAUSE.
   2. DEFINITIONS. A. THE TERM "MANDATORY ARBITRATION CLAUSE" SHALL  MEAN
 A  TERM  OR PROVISION CONTAINED IN A WRITTEN CONTRACT BETWEEN A RESIDEN-
 TIAL HEALTH CARE FACILITY AND A RESIDENT OR  THEIR  REPRESENTATIVE  THAT
 REQUIRES  THE  PARTIES TO SUCH CONTRACT TO SUBMIT ANY CONTROVERSY THERE-
 AFTER ARISING UNDER SUCH CONTRACT TO ARBITRATION PRIOR TO THE  COMMENCE-
 MENT OF ANY LEGAL ACTION TO ENFORCE THE PROVISIONS OF SUCH CONTRACT.
   B.  THE  TERM  "ARBITRATION"  SHALL  MEAN THE USE OF A DECISION MAKING
 FORUM CONDUCTED BY AN ARBITRATOR OR  PANEL  OF  ARBITRATORS  WITHIN  THE
 MEANING  AND  SUBJECT  TO  THE PROVISIONS OF ARTICLE SEVENTY-FIVE OF THE
 CIVIL PRACTICE LAW AND RULES.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13380-01-7

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