NY State Assembly Bill A7363A

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 (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 23, 2022	signed chap.648
Nov 21, 2022	delivered to governor
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

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

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.

                                                            LBD11180-01-1

 A. 7363                             2
 
 unless  the  disposable  earnings  of  the judgment debtor for that week
 exceed the greater of thirty  times  the  federal  minimum  hourly  wage
 prescribed  in  the Fair Labor Standards Act of 1938 or thirty times the
 state minimum hourly wage prescribed in section six hundred fifty-two of
 the  labor  law  as in effect at the time the earnings are payable; (ii)
 the amount withheld from the judgment debtor's earnings pursuant  to  an
 income  execution  for  any week shall not exceed twenty-five percent of
 the disposable earnings of the judgment debtor for that  week,  or,  the
 amount  by which the disposable earnings of the judgment debtor for that
 week exceed the greater of thirty times the federal minimum hourly  wage
 prescribed  by  the Fair Labor Standards Act of 1938 or thirty times the
 state minimum hourly wage prescribed in section six hundred fifty-two of
 the labor law as in effect at the time the earnings are payable,  which-
 ever  is  less;  (iii)  if  the earnings of the judgment debtor are also
 subject to deductions for alimony, support  or  maintenance  for  family
 members  or former spouses pursuant to section five thousand two hundred
 forty-one or section five thousand two hundred forty-two of  this  arti-
 cle, the amount withheld from the judgment debtor's earnings pursuant to
 this section shall not exceed the amount by which twenty-five percent of
 the disposable earnings of the judgment debtor for that week exceeds the
 amount  deducted  from the judgment debtor's earnings in accordance with
 section five thousand two hundred forty-one or section five thousand two
 hundred forty-two of this article ; AND (IV) NO AMOUNT SHALL BE  IMPOSED
 IN  JUDGMENTS  ARISING  FROM A MEDICAL DEBT ACTION 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.
 Nothing  in this section shall be construed to modify, abrogate, impair,
 or affect any exemption from the satisfaction of a money judgment other-
 wise granted by law.
   § 3. This act shall take effect immediately.

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

 A. 7363--A                          2
 
   § 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
 unless the disposable earnings of the  judgment  debtor  for  that  week
 exceed  the  greater  of  thirty  times  the federal minimum hourly wage
 prescribed in the Fair Labor Standards Act of 1938 or thirty  times  the
 state minimum hourly wage prescribed in section six hundred fifty-two of
 the  labor  law  as in effect at the time the earnings are payable; (ii)
 the amount withheld from the judgment debtor's earnings pursuant  to  an
 income  execution  for  any week shall not exceed twenty-five percent of
 the disposable earnings of the judgment debtor for that  week,  or,  the
 amount  by which the disposable earnings of the judgment debtor for that
 week exceed the greater of thirty times the federal minimum hourly  wage
 prescribed  by  the Fair Labor Standards Act of 1938 or thirty times the
 state minimum hourly wage prescribed in section six hundred fifty-two of
 the labor law as in effect at the time the earnings are payable,  which-
 ever  is  less;  (iii)  if  the earnings of the judgment debtor are also
 subject to deductions for alimony, support  or  maintenance  for  family
 members  or former spouses pursuant to section five thousand two hundred
 forty-one or section five thousand two hundred forty-two of  this  arti-
 cle, the amount withheld from the judgment debtor's earnings pursuant to
 this section shall not exceed the amount by which twenty-five percent of
 the disposable earnings of the judgment debtor for that week exceeds the
 amount  deducted  from the judgment debtor's earnings in accordance with
 section five thousand two hundred forty-one or section five thousand two
 hundred forty-two of this article; AND (IV) NO AMOUNT SHALL  BE  IMPOSED
 IN  JUDGMENTS  ARISING  FROM A MEDICAL DEBT ACTION 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.
 Nothing  in this section shall be construed to modify, abrogate, impair,
 or affect any exemption from the satisfaction of a money judgment other-
 wise granted by law.
   § 3. This act shall take effect immediately.

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The New York State Senate

assembly Bill A7363A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 11, 2022 - floor Vote

Floor Vote: May 11, 2022

May 10, 2022 - floor Vote

Floor Vote: May 10, 2022

Bill Amendments

Co-Sponsors

A7363 - Details

A7363 - Summary

A7363 - Bill Text download pdf

Co-Sponsors

A7363A (ACTIVE) - Details

A7363A (ACTIVE) - Summary

A7363A (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A7363A

Share this bill

Sponsored By

GOTTFRIED

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 11, 2022 - floor Vote

Floor Vote: May 11, 2022

May 10, 2022 - floor Vote

Floor Vote: May 10, 2022

Bill Amendments

Co-Sponsors

Jeffrey Dinowitz

Phil Steck

Patricia Fahy

John T. McDonald III

Karines Reyes

Andrew Hevesi

Edward Braunstein

Linda Rosenthal

Zohran Mamdani

Rebecca Seawright

Jo Anne Simon

Carrie Woerner

Catalina Cruz

Kenny Burgos

Sandy Galef

Jessica Gonzalez-Rojas

Harvey Epstein

Michaelle C. Solages

Rodneyse Bichotte Hermelyn

Daniel O'Donnell

Marcela Mitaynes

Chris Burdick

Phara Souffrant Forrest

Steven Otis

William Colton

David McDonough

Michael Benedetto

Jose Rivera

Anna Kelles

Eddie Gibbs

Ron Kim

Nathalia Fernandez

Philip Ramos

Khaleel Anderson

A7363 - Details

A7363 - Summary

A7363 - Bill Text download pdf

Co-Sponsors

Jeffrey Dinowitz

Phil Steck

Patricia Fahy

John T. McDonald III

Karines Reyes

Andrew Hevesi

Edward Braunstein

Linda Rosenthal

Zohran Mamdani

Rebecca Seawright

Jo Anne Simon

Carrie Woerner

Catalina Cruz

Kenny Burgos

Sandy Galef

Jessica Gonzalez-Rojas

Harvey Epstein

Michaelle C. Solages

Rodneyse Bichotte Hermelyn

Daniel O'Donnell

Marcela Mitaynes

Chris Burdick

Phara Souffrant Forrest

Steven Otis

William Colton

David McDonough

Michael Benedetto

Jose Rivera