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assembly Bill A9836

2015-2016 Legislative Session

Provides access to a decedent's electronic mail, social networking and/or microblogging accounts to the executor or administrator of the decedent's estate

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
You must fill out the form below in order to support or oppose this bill. X

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 12, 2016 referred to judiciary

A9836 - Details

See Senate Version of this Bill:
S1565A
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Add §11-1.12, EPT L

A9836 - Summary

Provides access to a decedent's electronic mail, social networking and/or microblogging accounts to the executor or administrator of the decedent's estate.

A9836 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9836

                          I N  A S S E M B L Y

                             April 12, 2016
                               ___________

Introduced  by M. of A. BLAKE -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the estates, powers  and  trusts  law,  in  relation  to
  access  to  a  decedent's  electronic  mail,  social networking and/or
  microblogging accounts

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The estates, powers and trusts law is amended by adding a
new section 11-1.12 to read as follows:
S 11-1.12 ACCESS TO DECEDENT'S ELECTRONIC MAIL, SOCIAL NETWORKING AND/OR
            MICROBLOGGING ACCOUNTS
  (A) THE EXECUTOR OR ADMINISTRATOR OR AN ESTATE OF  A  DECEASED  PERSON
WHO  WAS  DOMICILED  IN THIS STATE AT THE TIME OF HIS OR HER DEATH SHALL
HAVE THE POWER TO TAKE CONTROL OF, CONDUCT, CONTINUE  OR  TERMINATE  ANY
ACCOUNTS  OF  THE DECEDENT ON ANY SOCIAL NETWORKING WEBSITE, ANY MICROB-
LOGGING OR SHORT MESSAGE SERVICE WEBSITE OR ANY EMAIL SERVICE WEBSITE.
  (B) ANY SERVICE PROVIDER OF A SOCIAL NETWORKING WEBSITE, A  MICROBLOG-
GING  OR SHORT MESSAGE SERVICE WEBSITE OR AN EMAIL SERVICE WEBSITE SHALL
PROVIDE TO THE EXECUTOR OR ADMINISTRATOR OF SUCH ESTATE  ACCESS  TO  ANY
ACCOUNT  HELD  BY THE DECEDENT UPON RECEIPT BY THE SERVICE PROVIDER OF A
WRITTEN REQUEST FOR SUCH ACCESS MADE BY THE EXECUTOR  OR  ADMINISTRATOR,
ACCOMPANIED  BY  A COPY OF THE DEATH CERTIFICATE AND A CERTIFIED COPY OF
THE CERTIFICATE OF APPOINTMENT AS EXECUTOR OR ADMINISTRATOR.
  (C) NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO REQUIRE SUCH SERVICE
PROVIDER TO DISCLOSE ANY INFORMATION  IN  VIOLATION  OF  ANY  APPLICABLE
FEDERAL LAW.
  S 2. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of  all  further  judicial  review,  the
judgment  shall  not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the  clause,  sentence,  para-
graph,  section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

assembly Bill A9835

Signed By Governor
2015-2016 Legislative Session

Relates to payments from the New York state medical indemnity fund

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S7873 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
You must fill out the form below in order to support or oppose this bill. X

Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 31, 2016 signed chap.517
approval memo.33
Dec 20, 2016 delivered to governor
Jun 16, 2016 returned to senate
passed assembly
ordered to third reading rules cal.451
substituted for a9835b
Jun 16, 2016 substituted by s7873b
rules report cal.451
reported
Jun 15, 2016 reported referred to rules
reported referred to ways and means
Jun 14, 2016 reported referred to codes
Jun 08, 2016 print number 9835b
amend and recommit to health
May 26, 2016 print number 9835a
amend and recommit to health
Apr 12, 2016 referred to health

A9835 - Details

Law Section:
Public Health Law
Laws Affected:
Amd §§2999-j & 2999-h, Pub Health L

A9835 - Summary

Relates to payments from the New York state medical indemnity fund.

A9835 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9835

                          I N  A S S E M B L Y

                             April 12, 2016
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee on Health

AN  ACT to amend the public health law, in relation to payments from the
  New York state medical indemnity fund

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  2999-j  of  the  public health law is amended by
adding two new subdivisions 2-a and 7-a to read as follows:
  2-A. A REQUEST FOR REVIEW OF A DENIAL OF A CLAIM  OR  A  DENIAL  OF  A
REQUEST  FOR  PRIOR  AUTHORIZATION FOR THE PAYMENT OR REIMBURSEMENT FROM
THE FUND FOR QUALIFYING HEALTH CARE COSTS MUST BE MADE BY  THE  CLAIMANT
NO LATER THAN SIXTY DAYS FROM RECEIPT OF THE DENIAL AND, AT A CLAIMANT'S
OPTION, BY EITHER (A) MAKING APPLICATION TO THE COURT WHEREIN THE JUDGE-
MENT  WAS  AWARDED OR THE CASE WAS SETTLED, OR (B) FOLLOWING THE PROCESS
ESTABLISHED BY REGULATIONS OF THE COMMISSIONER  FOR  THE  ADMINISTRATIVE
REVIEW OF A DENIAL OF A CLAIM OR REQUEST FOR PRIOR AUTHORIZATION.
  7-A. A REQUEST FOR A REVIEW OF A DETERMINATION BY THE FUND ADMINISTRA-
TOR THAT THE RELEVANT PROVISIONS OF SUBDIVISION SIX OF THIS SECTION HAVE
NOT  BEEN  MET  AND/OR THAT THE PLAINTIFF OR CLAIMANT IS NOT A QUALIFIED
PLAINTIFF MAY BE MADE BY ANY OF THE PARTIES, NO LATER  THAN  SIXTY  DAYS
FROM  RECEIPT  OF THE DENIAL, BY MAKING APPLICATION TO THE COURT WHEREIN
THE JUDGMENT WAS AWARDED OR THE CASE WAS SETTLED.
  S 2. Subdivisions 2 and 4 of section 2999-j of the public health  law,
as  added by section 52 of part H of chapter 59 of the laws of 2011, are
amended to read as follows:
  2. The provision of qualifying health care costs to  qualified  plain-
tiffs  shall  not be subject to prior authorization, except as described
by the commissioner in regulation; provided, however,  that  such  regu-
lation  shall  not  prevent  qualified plaintiffs from receiving care or
assistance that would, at a minimum, be authorized  under  the  medicaid
program;  and  provided,  further,  that  if  any prior authorization is
required by such regulation, the regulation shall require that  requests
for  prior  authorization be processed within a reasonably prompt period
of time and, SUBJECT TO THE PROVISIONS  OF  SUBDIVISION  TWO-A  OF  THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

A9835A - Details

Law Section:
Public Health Law
Laws Affected:
Amd §§2999-j & 2999-h, Pub Health L

A9835A - Summary

Relates to payments from the New York state medical indemnity fund.

A9835A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9835--A

                          I N  A S S E M B L Y

                             April 12, 2016
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee on Health -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

AN  ACT to amend the public health law, in relation to payments from the
  New York state medical indemnity fund

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  2999-j  of  the  public health law is amended by
adding two new subdivisions 2-a and 7-a to read as follows:
  2-A. A REQUEST FOR REVIEW OF A DENIAL OF A CLAIM  OR  A  DENIAL  OF  A
REQUEST  FOR  PRIOR  AUTHORIZATION FOR THE PAYMENT OR REIMBURSEMENT FROM
THE FUND FOR QUALIFYING HEALTH CARE COSTS MUST BE MADE BY  THE  CLAIMANT
NO LATER THAN SIXTY DAYS FROM RECEIPT OF THE DENIAL AND, AT A CLAIMANT'S
OPTION, BY EITHER (A) MAKING APPLICATION TO THE COURT WHEREIN THE JUDGE-
MENT  WAS  AWARDED OR THE CASE WAS SETTLED, OR (B) FOLLOWING THE PROCESS
ESTABLISHED BY REGULATIONS OF THE COMMISSIONER  FOR  THE  ADMINISTRATIVE
REVIEW OF A DENIAL OF A CLAIM OR REQUEST FOR PRIOR AUTHORIZATION.
  7-A. A REQUEST FOR A REVIEW OF A DETERMINATION BY THE FUND ADMINISTRA-
TOR THAT THE RELEVANT PROVISIONS OF SUBDIVISION SIX OF THIS SECTION HAVE
NOT  BEEN  MET  AND/OR THAT THE PLAINTIFF OR CLAIMANT IS NOT A QUALIFIED
PLAINTIFF MAY BE MADE BY ANY OF THE PARTIES, NO LATER  THAN  SIXTY  DAYS
FROM  RECEIPT  OF THE DENIAL, BY MAKING APPLICATION TO THE COURT WHEREIN
THE JUDGMENT WAS AWARDED OR THE CASE WAS SETTLED.
  S 2. Subdivisions 2 and 4 of section 2999-j of the public health  law,
as  added by section 52 of part H of chapter 59 of the laws of 2011, are
amended to read as follows:
  2. The provision of qualifying health care costs to  qualified  plain-
tiffs  shall  not be subject to prior authorization, except as described
by the commissioner in regulation; provided, however[, that]:
  (A) such  regulation  shall  not  prevent  qualified  plaintiffs  from
receiving  care  or  assistance  that would, at a minimum, be authorized
under the medicaid program; [and provided, further, that]
  (B) if any prior authorization is required  by  such  regulation,  the
regulation  shall require that requests for prior authorization be proc-
essed within a reasonably prompt period of  time  and,  SUBJECT  TO  THE
PROVISIONS  OF SUBDIVISION TWO-A OF THIS SECTION, shall identify a proc-

Co-Sponsors

A9835B - Details

Law Section:
Public Health Law
Laws Affected:
Amd §§2999-j & 2999-h, Pub Health L

A9835B - Summary

Relates to payments from the New York state medical indemnity fund.

A9835B - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9835--B

                          I N  A S S E M B L Y

                             April 12, 2016
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee on Health -- committee discharged, bill amended, ordered reprinted
  as  amended  and  recommitted to said committee -- again reported from
  said committee with  amendments,  ordered  reprinted  as  amended  and
  recommitted to said committee

AN  ACT to amend the public health law, in relation to payments from the
  New York state medical indemnity fund

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  2999-j  of  the  public health law is amended by
adding two new subdivisions 2-a and 7-a to read as follows:
  2-A. A REQUEST FOR REVIEW OF A DENIAL OF A CLAIM  OR  A  DENIAL  OF  A
REQUEST  FOR  PRIOR  AUTHORIZATION FOR THE PAYMENT OR REIMBURSEMENT FROM
THE FUND FOR QUALIFYING HEALTH CARE COSTS MUST BE MADE BY  THE  CLAIMANT
NO LATER THAN SIXTY DAYS FROM RECEIPT OF THE DENIAL AND, AT A CLAIMANT'S
OPTION, BY EITHER (A) MAKING APPLICATION TO THE COURT WHEREIN THE JUDGE-
MENT  WAS  AWARDED OR THE CASE WAS SETTLED, OR (B) FOLLOWING THE PROCESS
ESTABLISHED BY REGULATIONS OF THE COMMISSIONER  FOR  THE  ADMINISTRATIVE
REVIEW OF A DENIAL OF A CLAIM OR REQUEST FOR PRIOR AUTHORIZATION.
  7-A. A REQUEST FOR A REVIEW OF A DETERMINATION BY THE FUND ADMINISTRA-
TOR THAT THE RELEVANT PROVISIONS OF SUBDIVISION SIX OF THIS SECTION HAVE
NOT  BEEN  MET  AND/OR THAT THE PLAINTIFF OR CLAIMANT IS NOT A QUALIFIED
PLAINTIFF MAY BE MADE BY ANY OF THE PARTIES, NO LATER  THAN  SIXTY  DAYS
FROM  RECEIPT  OF THE DENIAL, BY MAKING APPLICATION TO THE COURT WHEREIN
THE JUDGMENT WAS AWARDED OR THE CASE WAS SETTLED.
  S 2. Subdivisions 2 and 4 of section 2999-j of the public health  law,
as  added by section 52 of part H of chapter 59 of the laws of 2011, are
amended to read as follows:
  2. The provision of qualifying health care costs to  qualified  plain-
tiffs  shall  not be subject to prior authorization, except as described
by the commissioner in regulation; provided, however[, that]:
  (A) such  regulation  shall  not  prevent  qualified  plaintiffs  from
receiving  care  or  assistance  that would, at a minimum, be authorized
under the medicaid program; [and provided, further, that]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.