Senate Bill S3098

2017-2018 Legislative Session

Establishes the health care courts pilot program

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S3098 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add Art 44-A §§4410 - 4417, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: S7693
2011-2012: S3437
2013-2014: S3098
2015-2016: S1512
2019-2020: S5105
2021-2022: S5656
2023-2024: S7275

2017-S3098 (ACTIVE) - Summary

Establishes the health care courts pilot program.

2017-S3098 (ACTIVE) - Sponsor Memo

2017-S3098 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3098
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2017
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to  estab-
   lishing the health care courts pilot program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 article 44-A to read as follows:
                               ARTICLE 44-A
                     HEALTH CARE COURTS PILOT PROGRAM
 SECTION 4410. CREATION.
         4411. HEALTH CARE COURT JUDGES; SELECTION.
         4412. JUDICIAL TRAINING.
         4413. COURT APPOINTED MEDICAL EXPERTS.
         4414. PROCEDURE.
         4415. APPELLATE REVIEW.
         4416. REPORTS.
         4417. DISCLAIMER.
   § 4410. CREATION. THE OFFICE OF COURT ADMINISTRATION MAY SELECT UP  TO
 FIVE  COUNTIES,  EACH WITHIN A SEPARATE JUDICIAL DISTRICT IN THIS STATE,
 TO ESTABLISH SPECIALIZED HEALTH CARE COURTS WITHIN THE SUPREME COURT  OF
 SUCH COUNTIES TO GOVERN CLAIMS FOR MEDICAL, DENTAL OR PODIATRIC MALPRAC-
 TICE AS SET FORTH IN THIS SECTION. ONCE A SUPREME COURT WITHIN A PARTIC-
 ULAR  COUNTY  HAS  ESTABLISHED A HEALTH CARE COURT AS SET FORTH  IN THIS
 SECTION, SUCH COURT SHALL  HAVE  EXCLUSIVE  JURISDICTION  OVER  ALL  THE
 CLAIMS  FOR  MEDIAL,  DENTAL OR PODIATRIC MALPRACTICE BROUGHT WITHIN THE
 SUPREME COURT OF SUCH COUNTY.
   § 4411. HEALTH CARE COURT JUDGES; SELECTION. JUDGES SHALL BE  SELECTED
 TO  SERVE  IN THE HEALTH CARE COURT DIVISION FROM AMONG THOSE JUDGES WHO
 ARE ELECTED OR APPOINTED TO THE SUPREME COURT IN A  COUNTY  SELECTED  TO

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06558-01-7
              

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