Assembly Bill A159

Signed By Governor
2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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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2021-A159 (ACTIVE) - Details

See Senate Version of this Bill:
S995
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
2019-2020: A1202, S433

2021-A159 (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.

2021-A159 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    159
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. GOTTFRIED, PAULIN, GALEF, COLTON, CAHILL, ENGLE-
   BRIGHT, ABINANTI, HYNDMAN, STECK -- Multi-Sponsored by  --  M.  of  A.
   CARROLL,  DINOWITZ,  GLICK,  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

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