BILL NUMBER: S9791

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the general business law, in relation to  compensation
protection

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 349-f of Article 22-A of the General Business
Law to require attorneys, law firms, screeners, and class action conso-
lidators to disclose that any award or settlement obtained from a
lawsuit against the Government may cause an offset of VA, Medicare, or
Medicaid benefits in the amount of any award or settlement.

Section 2 provides that the Act takes effect immediately after enact-
ment.

 
JUSTIFICATION:

In August 2022, President Biden signed the PACT Act which included the
              

Camp Lejeune Justice Act. Between August 1, 1953 and December 31,1987
Veterans and their families who lived at the Camp Lejeune base were
exposed to toxic chemicals in the water used for drinking, bathing, and
cooking, among many other necessary purposes. Those who were exposed to
the contaminated water at Camp Lejeune suffered from, among other
things, adult leukemia; aplastic anemia; bladder cancer; kidney cancer;
liver cancer; multiple myeloma; non-Hodgkin's lymphoma; and Parkinson's
disease. For decades, the Government maintained immunity and victims
could not bring civil suits seeking personal injury damages due to this
toxic exposure. The Camp Lejeune Justice Act permits Veterans and their
families to sue the Government for the illnesses or symptoms related to
the water contamination if they were exposed for at least 30 onsecutive
days within the above referenced date range.

Since enactment, multiple law firms and class action consolidators have
been advertising to Veterans, and their families with a viable claim
under the Camp Lejeune Justice Act. These advertisements, in TV, radio,
email, and inter/let commercials, carry conflicting information regard-
ing the offset. Some advertisements state that an award from a Camp
Lejeune lawsuit or settlement will not be offset against other Govern-
ment provided benefits. Other advertisements hedge and state that an
offset may exist. Unless Veterans are fully informed that an offset will
exist in certain circumstances, they cannot make an informed decision
about filing a Camp Lejeune claim.

Under the federal Tort Claims Act and other federal laws, lajny money
awarded by the court will likely be offset from current or future
compensation benefits from the VA, Medicare, or Medicaid, granted in
connection with healthcare or a disability relating to the exposure to
the water at Camp Lejeune." To protect Veterans, all attorneys, law
firms, screeners, class action consolidators and others handling Camp
Lejeune claims must disclose, orally and in writing, the potential
offset in VA compensation after a lawsuit award or settlement.

 
PRIOR LEGISLATIVE HISTORY:

None.
 
FISCAL IMPLICATIONS:

None for the state directly. However, failure to enact this bill will
cause Veterans to lose federal benefits that they would otherwise spend,
driving the economy and paying sales tax.

 
EFFECTIVE DATE:
Immediately on enactment.