Bill Text: NY A08697 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to prohibiting mandatory arbitration clauses in contracts with residential health care facilities and residents of such facilities.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed - Dead) 2018-06-18 - REFERRED TO RULES [A08697 Detail]

Download: New_York-2017-A08697-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8697
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     October 5, 2017
                                       ___________
        Introduced  by M. of A. TITONE, GOTTFRIED -- Multi-Sponsored by -- M. of
          A. WEINSTEIN -- read once and referred to the Committee on Health
        AN ACT to amend the public health law, in relation to prohibiting manda-
          tory arbitration clauses in contracts  with  residential  health  care
          facilities and residents of such facilities
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The public health law is amended by adding  a  new  section
     2  2801-h to read as follows:
     3    §  2801-h.  Mandatory  arbitration  clause  in residential health care
     4  facility contracts prohibited. 1.  No  contract  between  a  residential
     5  health  care  facility  and  a  resident  or  their representative shall
     6  contain a mandatory arbitration clause.
     7    2. Definitions. a. The term "mandatory arbitration clause" shall  mean
     8  a  term  or provision contained in a written contract between a residen-
     9  tial health care facility and a resident or  their  representative  that
    10  requires  the  parties to such contract to submit any controversy there-
    11  after arising under such contract to arbitration prior to the  commence-
    12  ment of any legal action to enforce the provisions of such contract.
    13    b.  The  term  "arbitration"  shall  mean the use of a decision making
    14  forum conducted by an arbitrator or  panel  of  arbitrators  within  the
    15  meaning  and  subject  to  the provisions of article seventy-five of the
    16  civil practice law and rules.
    17    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13380-01-7