Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Sep 04, 2009 |
referred to codes |
Assembly Bill A9114
2009-2010 Legislative Session
Sponsored By
GIANARIS
Archive: Last Bill Status - In Assembly Committee
- 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
Actions
2009-A9114 (ACTIVE) - Details
2009-A9114 (ACTIVE) - Summary
Requires general hospital which submits an incident report to the department of health to simultaneously provide a copy of such report to the affected patients and/ or their legal representatives; stays the statute of limitations for medical, dental and podiatric malpractice causes of action until one year after an incident report is submitted.
2009-A9114 (ACTIVE) - Sponsor Memo
BILL NUMBER:A9114 TITLE OF BILL: An act to amend the civil practice law and rules and the public health law, in relation to the provision of hospital incident reports to the affected patients or their representatives PURPOSE: This bill would provide extend the statute of limitations in medical, dental or podiatric malpractice actions against a hospital where the hospital has violated section 2805-1 of the public health law by failing to file an incident report as mandated by that section. It also requires such reports to be sent to the patient and their representative. SUMMARY OF PROVISIONS: Section 1 - tolls the statute of limitations in a medical, dental or podiatric malpractice action so that where there is a failure by a hospital to file an incident report as mandated by the public health law, a plaintiff has a year from the date of filing of such report in which to commence an action. In addition, it tolls the statute limitations in a medical, dental or podiatric malpractice action so that where an action is time-barred against an individual healthcare service provider, an action may still be commenced against a hospital where either the individual or the hospital has failed to file an incident report as mandated by the public health law, a plaintiff has a year from the date of filing of such report in which to commence an action.
2009-A9114 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9114 2009-2010 Regular Sessions I N A S S E M B L Y September 4, 2009 ___________ Introduced by M. of A. GIANARIS -- read once and referred to the Commit- tee on Codes AN ACT to amend the civil practice law and rules and the public health law, in relation to the provision of hospital incident reports to the affected patients or their representatives 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 "patient sunlight act". S 2. Section 214-a of the civil practice law and rules, as amended by chapter 485 of the laws of 1986, is amended to read as follows: S 214-a. Action for medical, dental or podiatric malpractice to be commenced within two years and six months; exceptions. 1. An action for medical, dental or podiatric malpractice must be commenced within two years and six months of the act, omission or failure complained of or last treatment where there is continuous treatment for the same illness, injury or condition which gave rise to the said act, omission or fail- ure[; provided, however, that where]. 2. (A) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, AN ACTION FOR MEDICAL, DENTAL OR PODIATRIC MALPRACTICE NEED NOT BE COMMENCED WITHIN TWO YEARS AND SIX MONTHS OF THE ACT, OMISSION OR FAILURE COMPLAINED OF OR LAST TREATMENT WHERE THERE IS CONTINUOUS TREAT- MENT FOR THE SAME ILLNESS, INJURY OR CONDITION WHICH GAVE RISE TO SAID ACT, OMISSION OR FAILURE, IF THE DEFENDANT IS A GENERAL HOSPITAL, AS DEFINED IN SUBDIVISION TEN OF SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, AND HAS FAILED TO FILE AN INCIDENT REPORT, AS REQUIRED BY SECTION TWENTY-EIGHT HUNDRED FIVE-L OF SUCH LAW, IN CONNECTION WITH THE INCIDENT THAT IS THE SUBJECT OF THE MALPRACTICE ACTION. IN SUCH CASE, THE ACTION MAY BE COMMENCED WITHIN ONE YEAR OF THE DATE SUCH INCIDENT REPORT IS FILED. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14587-01-9
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