Bill Text: NY A02478 | 2017-2018 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Engrossed - Dead) 2018-02-28 - REFERRED TO HEALTH [A02478 Detail]

Download: New_York-2017-A02478-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2478
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 20, 2017
                                       ___________
        Introduced by M. of A. GOTTFRIED, PAULIN, GALEF, JAFFEE, COLTON, CAHILL,
          ENGLEBRIGHT,  ABINANTI,  HYNDMAN, STECK -- Multi-Sponsored by -- M. of
          A. CARROLL, DINOWITZ, GLICK, LIFTON, PERRY, TITONE --  read  once  and
          referred 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:
     1    Section 1. Subdivision 4 of section 2801-d of the public  health  law,
     2  as  amended  by  chapter  61  of  the laws of 2009, is amended and a new
     3  subdivision 4-a is added to read as follows:
     4    4. Any damages recoverable pursuant to this section, including minimum
     5  damages as provided by subdivision two of this section, may be recovered
     6  in any action which a court may authorize  to  be  brought  as  a  class
     7  action pursuant to article nine of the civil practice law and rules. The
     8  remedies provided in this section are in addition to and cumulative with
     9  any other remedies available to a patient, the patient's legal represen-
    10  tative, or the patient's estate at law or in equity or by administrative
    11  proceedings, including tort causes of action, and may be granted regard-
    12  less  of  whether  such  other  remedies  are available or are sought. A
    13  violation of subdivision three of section twenty-eight  hundred  three-c
    14  of  this  article  is not a prerequisite for a claim under this section.
    15  Exhaustion  of  any  available  administrative  remedies  shall  not  be
    16  required prior to commencement of suit hereunder.
    17    4-a.  Under  this  section,  any  action  that may be brought, and any
    18  relief that may be  sought  or  received,  may  be  brought,  sought  or
    19  received in an appropriate case by the patient's legal representative or
    20  the patient's estate.
    21    §  2.  This act shall take effect immediately and apply to any actions
    22  filed on and after such effective date.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02211-01-7