NY State Senate Bill 2009-S3834

Senate Bill S3834

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

Archive: Last Bill Status Via A730 - 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 10, 2009	tabled vetoed memo.7
May 29, 2009	delivered to governor
May 20, 2009	returned to assembly passed senate
May 12, 2009	3rd reading cal.272 substituted for s3834
May 12, 2009	substituted by a730
May 11, 2009	advanced to third reading
May 06, 2009	2nd report cal.
May 05, 2009	1st report cal.272
Apr 02, 2009	referred to health

Votes

- May 20, 2009 - Floor Vote
  A730
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 20, 2009
      
      aye (61)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Young
      
      excused (1)
      
      Winner

2009-S3834 (ACTIVE) - Details

See Assembly Version of this Bill:: A730
Law Section:: Public Health Law
Laws Affected:: Amd §2801-d, Pub Health L

2009-S3834 (ACTIVE) - Summary

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

2009-S3834 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3834

 TITLE OF BILL :
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


 PURPOSE :
To exempt damages that have been awarded to nursing home patients or
to their representative or estate from collection by Medicaid.

 SUMMARY OF PROVISIONS :
Current law says that if a nursing home patient is awarded monetary
damages to compensate for injury by a nursing home, that award shall
not be subject to a Medicaid lien to pay for benefits or counted
towards eligibility. This bill would amend section 2801-d(5) of the
Public Health Law to make it clear that this exemption applies to
payment of past and future medical care and add a patient's legal
representative and estate to the protected parties.

 EXISTING LAW :
None.

 JUSTIFICATION :
Following the 1975 massive scandal of fraud and abuse in nursing

homes, Public Health Law § 2801-d was enacted to give patients
increased powers to enforce their right to adequate treatment and care
by providing them the right to sue for damages and other relief.

The law says that if a nursing home patient is awarded monetary
damages to compensate for injury by a nursing home, that award shall
not be subject to a Medicaid lien to pay for benefits or counted
towards eligibility. However, it does not specifically address the
situation that may arise if a patient dies before the conclusion of
the case.

The principle of the law is designed not only to be fair but also to
encourage patients to do the extensive work necessary to bring a
successful lawsuit. The law should be clear that this exemption
applies even if the patient dies and the claim is brought by the
patient's legal representative or estate.

 LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately and shall apply to: (a)
hospital inpatient discharges on or after the first of April after it
shall have become a law; and (b) other services provided on or after
the first of April after it shall have become a law.

2009-S3834 (ACTIVE) - Bill Text download pdf

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

                                  3834

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 2, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed 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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