Senate Bill S6522

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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Sponsored By

Archive: Last Bill Status Via A7363 - Passed Senate


  • 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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Actions
Votes

Bill Amendments

co-Sponsors

2021-S6522 - Details

See Assembly Version of this Bill:
A7363
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§5201 & 5231, CPLR

2021-S6522 - 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.

2021-S6522 - Sponsor Memo

2021-S6522 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6522
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                May 4, 2021
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 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

2021-S6522A (ACTIVE) - Details

See Assembly Version of this Bill:
A7363
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§5201 & 5231, CPLR

2021-S6522A (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.

2021-S6522A (ACTIVE) - Sponsor Memo

2021-S6522A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6522--A
     Cal. No. 449
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                May 4, 2021
                                ___________
 
 Introduced  by  Sens. RIVERA, BAILEY, BIAGGI, BROUK, GOUNARDES, HINCHEY,
   HOYLMAN, JACKSON, KRUEGER, LIU, MAY,  MAYER,  MYRIE,  RAMOS,  SANDERS,
   SEPULVEDA  --  read  twice and ordered printed, and when printed to be
   committed to the Committee on Judiciary -- recommitted to the  Commit-
   tee  on Judiciary in accordance with Senate Rule 6, sec. 8 -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in 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.
   §  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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