Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Mar 04, 2009 |
referred to codes |
Senate Bill S2857
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
co-Sponsors
(R) Senate District
2009-S2857 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd ยง4545, CPLR
2009-S2857 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2857 TITLE OF BILL : An act to amend the civil practice law and rules, in relation to the impact of collateral source payments upon tort claims for personal injury, property damage or wrongful death and upon related subrogation claims JUSTIFICATION : This measure would amend CPLR 4545 to clarify that, when a case covered under the statute settles, collateral source payors may seek reimbursement only when such a right is provided by statute. As such, the amendment is intended to foreclose results which it believes the Legislature, when enacting the statute, never intended. CPLR 4545 provides that a plaintiff who has a personal injury, wrongful death, or property damage action cannot recover damages for any expense or loss that was or will be covered by a collateral source, such as his or her health insurance. The statute, which for historical reasons has three different subdivisions (one for medical malpractice actions, one for actions against public employers, and one for all other actions), exempts those collateral sources that constitute liens against the plaintiff's recovery (e.g., workers' compensation payments).
2009-S2857 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2857 2009-2010 Regular Sessions I N S E N A T E March 4, 2009 ___________ Introduced by Sens. DeFRANCISCO, VOLKER -- read twice and ordered print- ed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to the impact of collateral source payments upon tort claims for personal injury, property damage or wrongful death and upon related subrogation claims THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (a) of section 4545 of the civil practice law and rules, as amended by chapter 485 of the laws of 1986, is amended to read as follows: (a) Action for medical, dental or podiatric malpractice. In any action for medical, dental or podiatric malpractice where the plaintiff seeks to recover for the cost of medical care, dental care, podiatric care, custodial care or rehabilitation services, loss of earnings or other economic loss, evidence shall be admissible for consideration by the court to establish that any such past or future cost or expense was or will, with reasonable certainty, be replaced or indemnified, in whole or in part, from any collateral source [such as insurance (]except for life insurance[), social security (except those benefits provided under title XVIII of the social security act), workers' compensation or employee benefit programs (except such collateral sources entitled by law to liens against any recovery of the plaintiff)], AND EXCEPT FOR THOSE PAYMENTS AS TO WHICH THERE IS A STATUTORY RIGHT OF REIMBURSEMENT. If the court finds that any such cost or expense was or will, with reasonable certainty, be replaced or indemnified from any SUCH collateral source, it shall reduce the amount of the award by such finding, minus an amount equal to the premiums paid by the plaintiff for such benefits for the two-year period immediately preceding the accrual of such action and minus an amount equal to the projected future cost to the plaintiff of maintaining such benefits. In order to find that any future cost or EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01597-02-9
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