BILL NUMBER: S7568

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the public health law, in relation to care for adult
malpractice victims injured at birth

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will add adult day programs, sheltered workshops and care
coordination services to the health costs covered by the medical indem-
nity fund (MIF).

 
SUMMARY OF PROVISIONS:

Section one names the bill the Care for Adult Malpractice Victims
Injured at Birth Act.

Section two amends section 2999(h)(3) of the public health law so that
adult day programs, sheltered workshops, and care coordination services
are part of the health care costs covered by MIF for qualified plain-
              

tiffs.

Section three of this bill sets the effective date.

 
JUSTIFICATION:

The Medical Indemnity Fund (MIF) was established and designed to provide
a funding source for all future health care costs of "qualified plain-
tiffs," defined by law as individuals who suffered birth-related neuro-
logical injuries due to medical malpractice during a delivery admission.
It prevented certain plaintiffs from obtaining funds for care through a
medical malpractice action as a trade off.

Unfortunately, the MIF does not cover adult day programs, sheltered
workshops or care coordination services even though the MIF was intended
to cover all future medical expenses of people who suffer birth-related
neurological injuries due to medical malpractice.

Adult care services, sheltered workshops, and care coordination services
- including but not limited to treatment by and care from the United
Cerebral Palsy ("UCP") and similar organizations - are necessary and
standard care for kids with cerebral palsy who reach adulthood and are
not able to take on regular employment because of their condition. Medi-
caid is refusing to pay for these services, leaving MIF enrollees too
old to attend after school programs and unable to afford the adult day
programs, sheltered workshops, and care coordination services that they
need. This bill will fulfill New York's promise made to these malprac-
tice victims when the MIF was established: that MIF would take care of
all their future medical expenses.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

TBD
 
EFFECTIVE DATE:
This act shall take effect immediately and apply to any person enrolled
in the NYS Medical Indemnity Fund on and after such date.