Assembly Bill A2478

2017-2018 Legislative Session

Provides for additional remedies for patients' private right of actions in residential health care facilities

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Health 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

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2017-A2478 (ACTIVE) - Details

See Senate Version of this Bill:
S83
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §2801-d, Pub Health L
Versions Introduced in Other Legislative Sessions:
2009-2010: A725
2011-2012: A657
2013-2014: A2687, S4495
2015-2016: A442, S124
2019-2020: A1202, S433
2021-2022: A159, S995

2017-A2478 (ACTIVE) - Summary

Provides for additional remedies for patients' private right of actions in residential health care facilities; allows class actions by patients, patient's legal representative, or such patient's estate.

2017-A2478 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2478
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced by M. of A. GOTTFRIED, PAULIN, GALEF, JAFFEE, COLTON, CAHILL,
   ENGLEBRIGHT,  ABINANTI,  HYNDMAN, STECK -- Multi-Sponsored by -- M. of
   A. CARROLL, DINOWITZ, GLICK, LIFTON, PERRY, TITONE --  read  once  and
   referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation to remedies available
   in private actions by 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 4 of section 2801-d of the public  health  law,
 as  amended  by  chapter  61  of  the laws of 2009, is amended and a new
 subdivision 4-a is added to read as follows:
   4. Any damages recoverable pursuant to this section, including minimum
 damages as provided by subdivision two of this section, may be recovered
 in any action which a court may authorize  to  be  brought  as  a  class
 action pursuant to article nine of the civil practice law and rules. The
 remedies provided in this section are in addition to and cumulative with
 any other remedies available to a patient, THE PATIENT'S LEGAL REPRESEN-
 TATIVE, OR THE PATIENT'S ESTATE at law or in equity or by administrative
 proceedings, including tort causes of action, and may be granted regard-
 less  of  whether  such  other  remedies  are available or are sought. A
 violation of subdivision three of section twenty-eight  hundred  three-c
 of  this  article  is not a prerequisite for a claim under this section.
 Exhaustion  of  any  available  administrative  remedies  shall  not  be
 required prior to commencement of suit hereunder.
   4-A.  UNDER  THIS  SECTION,  ANY  ACTION  THAT MAY BE BROUGHT, AND ANY
 RELIEF THAT MAY BE  SOUGHT  OR  RECEIVED,  MAY  BE  BROUGHT,  SOUGHT  OR
 RECEIVED IN AN APPROPRIATE CASE BY THE PATIENT'S LEGAL REPRESENTATIVE OR
 THE PATIENT'S ESTATE.
   §  2.  This act shall take effect immediately and apply to any actions
 filed on and after such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02211-01-7

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