Assembly Bill A730

Vetoed By Governor
2009-2010 Legislative Session

Provides a clarification of the exemption of certain damages recovered by or on behalf of patients of residential health care facilities

download bill text pdf

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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2009-A730 (ACTIVE) - Details

See Senate Version of this Bill:
S3834
Law Section:
Public Health Law
Laws Affected:
Amd §2801-d, Pub Health L

2009-A730 (ACTIVE) - Summary

Provides a clarification of the exemption of certain damages recovered by or on behalf of patients of residential health care facilities.

2009-A730 (ACTIVE) - Bill Text download pdf 

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

                                   730

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. GOTTFRIED, PAULIN, GALEF, ROBINSON, JAFFEE, MILL-
  MAN,  COLTON,  CHRISTENSEN,  LANCMAN, STIRPE, HOOPER, CAHILL -- Multi-
  Sponsored by -- M. of A.  BRENNAN, DINOWITZ, EDDINGTON, GLICK, LIFTON,
  McENENY, PERRY, PHEFFER, TITONE, TOWNS, WEISENBERG --  read  once  and
  referred to the Committee on Health

AN  ACT  to  amend  the  public  health law, in relation to exemption of
  certain damages recovered by or on behalf of patients  of  residential
  health care facilities

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

  Section 1. Subdivision 5 of section 2801-d of the public  health  law,
as  added  by  chapter  658  of  the laws of 1975, is amended to read as
follows:
  5. The amount of any damages recovered by  a  patient,  THE  PATIENT'S
LEGAL  REPRESENTATIVE,  OR  THE  PATIENT'S  ESTATE, in an action brought
pursuant to this section shall be exempt  for  purposes  of  determining
initial  or  continuing  eligibility  for medical assistance under title
eleven of article five of the social services law and shall  neither  be
taken into consideration nor required to be applied toward the REPAYMENT
OR payment or part payment of the cost of PAST OR FUTURE medical care or
services available under [said] SUCH title eleven.
  S 2. This act shall take effect immediately and apply to actions filed
on and after such effective date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01114-01-9

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