assembly Bill A7363A

2021-2022 Legislative Session

Protects patients from certain penalties due to money judgments arising from actions brought by hospitals or health care professionals

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Current Bill Status - Passed Senate & Assembly


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 10, 2022 returned to assembly
passed senate
3rd reading cal.449
substituted for s6522a
Mar 23, 2022 referred to judiciary
delivered to senate
passed assembly
Mar 14, 2022 amended on third reading 7363a
Jan 20, 2022 advanced to third reading cal.295
Jan 19, 2022 reported
Jan 05, 2022 referred to codes
May 06, 2021 referred to codes

Co-Sponsors

view additional co-sponsors

A7363 - Details

See Senate Version of this Bill:
S6522
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§5201 & 5231, CPLR

A7363 - Summary

Protects patients from liens against their primary residence and wage garnishment due to money judgments arising from actions brought by hospitals or health care professionals.

A7363 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7363
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the  civil  practice  law  and  rules,  in  relation  to
   protecting  patients  from  certain  penalties  due to money judgments
   arising from actions brought by hospitals or health care professionals

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision (b) of section 5201 of the civil practice law
 and rules is amended to read as follows:
   (b) Property against which a money judgment may be enforced.  A  money
 judgment may be enforced against any property which could be assigned or
 transferred,  whether it consists of a present or future right or inter-
 est and whether or not it is vested, unless it is exempt  from  applica-
 tion  to the satisfaction of the judgment. A money judgment entered upon
 a joint liability of two or more persons may be enforced  against  indi-
 vidual  property  of  those  persons summoned and joint property of such
 persons with any other persons against whom the judgment is entered.  NO
 PROPERTY  LIEN  SHALL BE ENTERED AGAINST A DEBTOR'S PRIMARY RESIDENCE IN
 ACTIONS BROUGHT BY A HOSPITAL LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE
 PUBLIC HEALTH LAW OR A HEALTH CARE PROFESSIONAL AUTHORIZED  UNDER  TITLE
 EIGHT OF THE EDUCATION LAW.
   §  2.  Subdivision  (b)  of section 5231 of the civil practice law and
 rules, as amended by chapter 575 of the laws of 2008, is amended to read
 as follows:
   (b) Issuance. Where a judgment debtor is  receiving  or  will  receive
 money from any source, an income execution for installments therefrom of
 not  more  than  ten  percent thereof may be issued and delivered to the
 sheriff of the county in which the judgment debtor resides or, where the
 judgment debtor is a non-resident, the county in which he  is  employed;
 provided,  however,  that (i) no amount shall be withheld from the judg-
 ment debtor's earnings pursuant to an  income  execution  for  any  week
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

A7363A (ACTIVE) - Details

See Senate Version of this Bill:
S6522
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§5201 & 5231, CPLR

A7363A (ACTIVE) - Summary

Protects patients from liens against their primary residence and wage garnishment due to money judgments arising from actions brought by hospitals or health care professionals.

A7363A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7363--A
                                                         Cal. No. 295
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED,  DINOWITZ, STECK, FAHY, McDONALD,
   REYES, HEVESI, BRAUNSTEIN, L. ROSENTHAL,  MAMDANI,  SEAWRIGHT,  SIMON,
   WOERNER,   CRUZ,  BURGOS,  GALEF,  GONZALEZ-ROJAS,  EPSTEIN,  SOLAGES,
   BICHOTTE HERMELYN,  O'DONNELL,  MITAYNES,  BURDICK,   FORREST,   OTIS,
   COLTON,  McDONOUGH,  BENEDETTO, J. RIVERA, KELLES, GIBBS, KIM, FERNAN-
   DEZ, RAMOS, ANDERSON, THIELE -- read once and referred to the  Commit-
   tee  on  Codes  -- recommitted to the Committee on Codes in accordance
   with Assembly Rule 3, sec. 2 -- reported from committee, advanced to a
   third reading, amended and ordered reprinted, retaining its  place  on
   the order of third reading
 
 AN  ACT  to  amend  the  civil  practice  law  and rules, in relation to
   protecting patients from certain  penalties  due  to  money  judgments
   arising from actions brought by hospitals or health care professionals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (b) of section 5201 of the civil  practice  law
 and rules is amended to read as follows:
   (b)  Property  against which a money judgment may be enforced. A money
 judgment may be enforced against any property which could be assigned or
 transferred, whether it consists of a present or future right or  inter-
 est  and  whether or not it is vested, unless it is exempt from applica-
 tion to the satisfaction of the judgment. A money judgment entered  upon
 a  joint  liability of two or more persons may be enforced against indi-
 vidual property of those persons summoned and  joint  property  of  such
 persons  with any other persons against whom the judgment is entered. NO
 PROPERTY LIEN SHALL BE ENTERED OR ENFORCED AGAINST  A  DEBTOR'S  PRIMARY
 RESIDENCE  IN  AN  ACTION  ARISING  FROM A MEDICAL DEBT AND BROUGHT BY A
 HOSPITAL LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW OR
 A HEALTH CARE PROFESSIONAL AUTHORIZED UNDER TITLE EIGHT OF THE EDUCATION
 LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11180-03-2