Assembly Bill A3402

Signed By Governor
2019-2020 Legislative Session

Provides that money damages shall not be considered in determining whether or not there exists an inability to pay for department of mental hygiene services

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

co-Sponsors

multi-Sponsors

2019-A3402 (ACTIVE) - Details

See Senate Version of this Bill:
S4255
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §43.03, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2526
2011-2012: A4346
2013-2014: A5153, S7589
2015-2016: A3854, S1784
2017-2018: A3134, S2341

2019-A3402 (ACTIVE) - Summary

Provides that moneys awarded as damages or obtained by judgment or settlement as a result of a cause of action commenced against officers or employees of the office of mental health shall not be considered assets for purposes of determining whether or not there exists an inability to pay for services; provides that such moneys shall not be seized, offset or otherwise attached for the purposes of paying fees for services rendered by the department of mental hygiene.

2019-A3402 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3402
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M.  of  A. GUNTHER, CAHILL, ZEBROWSKI, GOTTFRIED, SIMON,
   MOSLEY, MONTESANO, M. G. MILLER, JAFFEE, COLTON -- Multi-Sponsored  by
   --  M. of A. ABBATE, AUBRY, DenDEKKER -- read once and referred to the
   Committee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to liability for the
   payment of fees for services rendered  by  the  department  of  mental
   hygiene
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 43.03 of the  mental  hygiene  law  is  amended  by
 adding a new subdivision (e) to read as follows:
   (E)  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION, THE COMMIS-
 SIONER SHALL NOT COLLECT ANY FEES FOR SERVICES FROM ANY MONIES  PAID  TO
 OR  TO  BE  PAID TO OR ON BEHALF OF A PATIENT, HIS ESTATE OR A REPRESEN-
 TATIVE OF A PATIENT OR HIS ESTATE, AS A RESULT OF OR  IN  RETURN  FOR  A
 RELEASE  OF  LIABILITY OR A COURT ORDERED SETTLEMENT OR JUDGMENT AGAINST
 THE STATE ARISING FROM AN ACT OR OMISSION OF THE STATE,  THE  OFFICE  OR
 ANY  EMPLOYEE  OR AGENT THEREOF, IF SUCH ACT OR OMISSION OCCURRED DURING
 THE COURSE OF CONFINEMENT OF OR DURING THE PROVISION  OF  CARE  TO  SUCH
 PATIENT. SUCH MONIES SHALL NOT BE OFFSET OR OTHERWISE ENCUMBERED FOR THE
 PURPOSE OF PAYING SUCH FEES.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01455-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.