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Senate Bill S2341

2017-2018 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 - In Senate Committee Mental Health And Developmental Disabilities Committee

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2017-S2341 (ACTIVE) - Details

See Assembly Version of this Bill:
A3134
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §43.03, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2526
2011-2012: A4346
2013-2014: S7589, A5153
2015-2016: S1784, A3854
2019-2020: S4255, A3402

2017-S2341 (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.

2017-S2341 (ACTIVE) - Sponsor Memo

2017-S2341 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2341
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02527-01-7

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