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Assembly Bill A8627

2025-2026 Legislative Session

Relates to the discount rate for structured judgments in medical malpractice actions

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Current Bill Status - In Assembly Committee

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2025-A8627 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5031, CPLR

2025-A8627 (ACTIVE) - Summary

Changes the discount rate for structured judgments in medical malpractice actions.

2025-A8627 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8627
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 22, 2025
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT to amend the civil practice law and rules, in relation to chang-
   ing the discount rate for structured judgments in medical  malpractice
   actions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (e) of section 5031 of the civil  practice  law
 and  rules,  as  added  by chapter 86 of the laws of 2003, is amended to
 read as follows:
   (e) The discount rate to be used in determining the present  value  of
 all  streams  of payments for periods of up to twenty years shall be the
 rate in effect for the ten-year United States Treasury Bond on the  date
 of  the  verdict.  As to any streams of payments for which the period of
 years exceeds twenty years, the discount rate to be used in  determining
 the  present value shall be calculated by averaging, on an annual basis,
 the rate in effect for the ten-year United States Treasury Bond  on  the
 date  of  the  verdict  for  the  first twenty years and [two percentage
 points above] the rate in effect for the [ten-year]  THIRTY-YEAR  United
 States  Treasury  Bond  on  the  date of the verdict for the years after
 twenty years.
   § 2. This act shall take effect immediately and  shall  apply  to  any
 verdicts entered on or after such date.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13057-02-5

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