assembly Bill A3402

Signed By Governor
2019-2020 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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Sponsored By

Archive: Last Bill Status - Signed by Governor

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

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Actions

view actions (21)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 02, 2020 signed chap.305
Nov 20, 2020 delivered to governor
Jul 22, 2020 returned to assembly
passed senate
3rd reading cal.771
substituted for s4255
Jan 21, 2020 referred to mental health and developmental disabilities
delivered to senate
passed assembly
Jan 08, 2020 ordered to third reading cal.142
returned to assembly
died in senate
Jun 13, 2019 referred to rules
delivered to senate
passed assembly
Jun 11, 2019 ordered to third reading rules cal.114
rules report cal.114
reported
Jun 05, 2019 reported referred to rules
Feb 27, 2019 reported referred to ways and means
Jan 29, 2019 referred to mental health

Votes

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Jul 22, 2020 - floor Vote

A3402
60
0
floor
60
Aye
0
Nay
0
Absent
0
Excused
0
Abstained
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Floor Vote: Jul 22, 2020

aye (60)

Co-Sponsors

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Multi-Sponsors

A3402 (ACTIVE) - Details

See Senate Version of this Bill:
S4255
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: A5153, S7589
2015-2016: A3854, S1784
2017-2018: A3134, S2341

A3402 (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.

A3402 (ACTIVE) - Bill Text download pdf 

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3402
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M.  of  A. GUNTHER, CAHILL, ZEBROWSKI, GOTTFRIED, SIMON,
   MOSLEY, MONTESANO, M. G. MILLER, JAFFEE, COLTON -- Multi-Sponsored  by
   --  M. of A. ABBATE, AUBRY, DenDEKKER -- read once and referred to the
   Committee on Mental Health
 
 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.
                                                            LBD01455-01-9