Bill Text: NY A00730 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the public health law, in relation to exemption of certain damages recovered by or on behalf of patients of residential health care facilities

Spectrum: Partisan Bill (Democrat 23-0)

Status: (Vetoed) 2009-06-10 - tabled [A00730 Detail]

Download: New_York-2009-A00730-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          730
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced by M. of A. GOTTFRIED, PAULIN, GALEF, ROBINSON, JAFFEE, MILL-
         MAN,  COLTON,  CHRISTENSEN,  LANCMAN, STIRPE, HOOPER, CAHILL -- Multi-
         Sponsored by -- M. of A.  BRENNAN, DINOWITZ, EDDINGTON, GLICK, LIFTON,
         McENENY, PERRY, PHEFFER, TITONE, TOWNS, WEISENBERG --  read  once  and
         referred to the Committee on Health
       AN  ACT  to  amend  the  public  health law, in relation to exemption of
         certain damages recovered by or on behalf of patients  of  residential
         health care facilities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 5 of section 2801-d of the public  health  law,
    2  as  added  by  chapter  658  of  the laws of 1975, is amended to read as
    3  follows:
    4    5. The amount of any damages recovered by  a  patient,  THE  PATIENT'S
    5  LEGAL  REPRESENTATIVE,  OR  THE  PATIENT'S  ESTATE, in an action brought
    6  pursuant to this section shall be exempt  for  purposes  of  determining
    7  initial  or  continuing  eligibility  for medical assistance under title
    8  eleven of article five of the social services law and shall  neither  be
    9  taken into consideration nor required to be applied toward the REPAYMENT
   10  OR payment or part payment of the cost of PAST OR FUTURE medical care or
   11  services available under [said] SUCH title eleven.
   12    S 2. This act shall take effect immediately and apply to actions filed
   13  on and after such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01114-01-9