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Assembly Bill A1202

2019-2020 Legislative Session

Provides for additional remedies for patients' private right of actions in residential health care facilities

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Archive: Last Bill Status - In Assembly Committee

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2019-A1202 (ACTIVE) - Details

See Senate Version of this Bill:
S433
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §2801-d, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A725
2011-2012: A657
2013-2014: A2687, S4495
2015-2016: A442, S124
2017-2018: A2478, S83
2021-2022: A159, S995

2019-A1202 (ACTIVE) - Summary

Provides for additional remedies for patients' private right of actions in residential health care facilities; allows class actions by patients, patient's legal representative, or such patient's estate.

2019-A1202 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1202
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced by M. of A. GOTTFRIED, PAULIN, GALEF, JAFFEE, COLTON, CAHILL,
   ENGLEBRIGHT, ABINANTI, HYNDMAN, STECK, D'URSO -- Multi-Sponsored by --
   M.  of  A.    CARROLL, DINOWITZ, GLICK, LIFTON, PERRY -- read once and
   referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation to remedies available
   in private actions by patients of residential health care facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 4 of section 2801-d of the public health law,
 as amended by chapter 61 of the laws of  2009,  is  amended  and  a  new
 subdivision 4-a is added to read as follows:
   4. Any damages recoverable pursuant to this section, including minimum
 damages as provided by subdivision two of this section, may be recovered
 in  any  action  which  a  court  may authorize to be brought as a class
 action pursuant to article nine of the civil practice law and rules. The
 remedies provided in this section are in addition to and cumulative with
 any other remedies available to a patient, THE PATIENT'S LEGAL REPRESEN-
 TATIVE, OR THE PATIENT'S ESTATE at law or in equity or by administrative
 proceedings, including tort causes of action, and may be granted regard-
 less of whether such other remedies  are  available  or  are  sought.  A
 violation  of  subdivision three of section twenty-eight hundred three-c
 of this article is not a prerequisite for a claim  under  this  section.
 Exhaustion  of  any  available  administrative  remedies  shall  not  be
 required prior to commencement of suit hereunder.
   4-A. UNDER THIS SECTION, ANY ACTION  THAT  MAY  BE  BROUGHT,  AND  ANY
 RELIEF  THAT  MAY  BE  SOUGHT  OR  RECEIVED,  MAY  BE BROUGHT, SOUGHT OR
 RECEIVED IN AN APPROPRIATE CASE BY THE PATIENT'S LEGAL REPRESENTATIVE OR
 THE PATIENT'S ESTATE.
   § 2. This act shall take effect immediately and apply to  any  actions
 filed on and after such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03366-01-9

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