senate Bill S8397A

Signed By Governor
2019-2020 Legislative Session

Relates to prohibiting health care employers from penalizing employees because of complaints of employer violations

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Sponsored By

Current 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 (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2020 signed chap.117
Jun 05, 2020 delivered to governor
May 27, 2020 returned to senate
passed assembly
ordered to third reading rules cal.34
substituted for a10326a
referred to codes
delivered to assembly
passed senate
ordered to third reading cal.658
May 26, 2020 reported and committed to rules
May 24, 2020 print number 8397a
May 24, 2020 amend (t) and recommit to labor
May 21, 2020 referred to labor

S8397 - Details

See Assembly Version of this Bill:
A10326
Law Section:
Labor Law
Laws Affected:
Amd §741, Lab L

S8397 - Summary

Prohibits health care employers from penalizing employees because of complaints of employer violations.

S8397 - Sponsor Memo

S8397 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8397

                            I N  S E N A T E

                              May 21, 2020
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation to  prohibiting  health  care
  employers  from  penalizing  employees  because complaints of employer
  violations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Paragraph (a) of subdivision 2 of section 741 of the labor
law, as added by chapter 24 of the laws of 2002, is amended to  read  as
follows:
  (a) discloses or threatens to disclose to a supervisor, or to a public
body,  OR  TO  THE GENERAL PUBLIC an activity, policy or practice of the
employer or agent that the employee, in good faith, reasonably  believes
constitutes improper quality of patient care; or
  § 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16155-01-0

Co-Sponsors

view additional co-sponsors

S8397A (ACTIVE) - Details

See Assembly Version of this Bill:
A10326
Law Section:
Labor Law
Laws Affected:
Amd §741, Lab L

S8397A (ACTIVE) - Summary

Prohibits health care employers from penalizing employees because of complaints of employer violations.

S8397A (ACTIVE) - Sponsor Memo

S8397A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8397--A

                            I N  S E N A T E

                              May 21, 2020
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Labor  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the labor law, in relation to prohibiting health care
  employers from penalizing employees because of complaints of  employer
  violations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 1, 2 and 3 of section 741 of the labor law, as
added by chapter 24 of the laws of 2002, paragraph (b) of subdivision  1
as  amended  by  chapter 505 of the laws of 2003, are amended to read as
follows:
  1. Definitions. As used in this section,  the  following  terms  shall
have the following meanings:
  (a)  "Employee" means any person who performs health care services for
and under the control and direction of any public  or  private  employer
which provides health care services for wages or other remuneration.
  (b)  "Employer"  means  any partnership, association, corporation, the
state, or any political subdivision of the  state  which:  (i)  provides
health  care services in a facility licensed pursuant to article twenty-
eight or thirty-six of the public health law; (ii) provides health  care
services  within  a  primary  or  secondary  public or private school or
public or private university setting; (iii) operates and provides health
care services under the mental hygiene law or  the  correction  law;  or
(iv)  is registered with the department of education pursuant to section
sixty-eight hundred eight of the education law.
  (c) "Agent" means any  individual,  partnership,  association,  corpo-
ration, or group of persons acting on behalf of an employer.
  (d)  "Improper quality of patient care" means, with respect to patient
care, any practice, procedure, action or failure to act of  an  employer
which  violates  any law, rule, regulation or declaratory ruling adopted
pursuant to law, where such violation relates to matters which may pres-
ent a substantial and specific danger to public health or  safety  or  a
significant threat to the health of a specific patient.
  (e)  "IMPROPER  QUALITY  OF  WORKPLACE  SAFETY" MEANS, WITH RESPECT TO

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