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