Senate Bill S433

2019-2020 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

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

2019-S433 (ACTIVE) - Details

See Assembly Version of this Bill:
A1202
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: S4495, A2687
2015-2016: S124, A442
2017-2018: S83, A2478
2021-2022: S995, A159

2019-S433 (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.

2019-S433 (ACTIVE) - Sponsor Memo

2019-S433 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    433
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 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.
                                                            LBD03366-01-9

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.