assembly Bill A8489

2021-2022 Legislative Session

Relates to enacting the Justice for Nursing Home Victims act

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Sponsored By

Current Bill Status - In Assembly Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to judiciary
Nov 17, 2021 referred to judiciary

Co-Sponsors

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A8489 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Public Health Law
Laws Affected:
Add §2808-f, Art 21 Title 9 §§2187 - 2188, Pub Health L; add §98-d, St Fin L; add §217-b, CPLR

A8489 (ACTIVE) - Summary

Relates to enacting the Justice for Nursing Home Victims act; creates a nursing home resident COVID-19 compensation program to provide full compensation to any nursing home resident or their statutory beneficiary when COVID-19 caused or contributed to such resident's death; provides the responsibilities of a nursing home during a pandemic.

A8489 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8489
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 17, 2021
                                ___________
 
 Introduced by M. of A. KIM -- read once and referred to the Committee on
   Judiciary
 
 AN  ACT  to  amend  the  public health law and the state finance law, in
   relation to enacting the Justice for  Nursing  Home  Victims  act;  to
   amend  the  public health law and the civil practice law and rules, in
   relation to the responsibilities of nursing  homes  during  pandemics;
   making an appropriation therefor; and providing for the repeal of such
   provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Justice for Nursing Home Victims act".
   §  2.  The public health law is amended by adding a new section 2808-f
 to read as follows:
   § 2808-F. NURSING HOME  RESIDENT  COVID-19  COMPENSATION  PROGRAM.  1.
 DEFINITIONS.  THE FOLLOWING TERMS AS USED IN THIS SECTION SHALL HAVE THE
 FOLLOWING MEANINGS, UNLESS THE CONTEXT OTHERWISE REQUIRES:
   (A) "CLAIMANT" MEANS AN INDIVIDUAL FILING  A  CLAIM  FOR  COMPENSATION
 UNDER  THIS  SECTION  AND  WHO IS A STATUTORY BENEFICIARY OF AN ELIGIBLE
 NURSING HOME RESIDENT.
   (B) "COLLATERAL SOURCE" MEANS ALL COLLATERAL SOURCES,  INCLUDING  LIFE
 INSURANCE, PENSION FUNDS, DEATH BENEFIT PROGRAMS, AND PAYMENTS BY FEDER-
 AL,  STATE,  OR LOCAL GOVERNMENTS RELATED TO INJURY OR DEATH AS A RESULT
 OF HAVING COVID-19.
   (C) "ELIGIBLE NURSING HOME RESIDENT" MEANS A DECEDENT WHO WAS A  RESI-
 DENT  OF  A  NURSING  HOME  LOCATED  IN THE STATE AND COVID-19 CAUSED OR
 CONTRIBUTED TO SUCH RESIDENT'S DEATH, AS DOCUMENTED ON  SUCH  RESIDENT'S
 DEATH  CERTIFICATE,  OR AS CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER,
 OR PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR  THE
 DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S
 ASSISTANT  AUTHORIZED  TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13203-02-1