Bill Text: NY S07589 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides that moneys awarded as damages or obtained by judgment or settlement as a result of a cause of action commenced against officers or employees of the office of mental health shall not be considered assets for purposes of determining whether or not there exists an inability to pay for services; provides that such moneys shall not be seized, offset or otherwise attached for the purposes of paying fees for services rendered by the department of mental hygiene.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-15 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [S07589 Detail]

Download: New_York-2013-S07589-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7589
                                   I N  S E N A T E
                                     May 15, 2014
                                      ___________
       Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
         printed to be committed to the Committee on Mental Health and Develop-
         mental Disabilities
       AN ACT to amend the mental hygiene law, in relation to liability for the
         payment  of  fees  for  services  rendered by the department of mental
         hygiene
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  43.03  of  the  mental hygiene law is amended by
    2  adding a new subdivision (e) to read as follows:
    3    (E) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,  THE  COMMIS-
    4  SIONER  SHALL  NOT COLLECT ANY FEES FOR SERVICES FROM ANY MONIES PAID TO
    5  OR TO BE PAID TO OR ON BEHALF OF A PATIENT, HIS ESTATE  OR  A  REPRESEN-
    6  TATIVE  OF  A  PATIENT  OR HIS ESTATE, AS A RESULT OF OR IN RETURN FOR A
    7  RELEASE OF LIABILITY OR A COURT ORDERED SETTLEMENT OR  JUDGMENT  AGAINST
    8  THE  STATE  ARISING  FROM AN ACT OR OMISSION OF THE STATE, THE OFFICE OR
    9  ANY EMPLOYEE OR AGENT THEREOF, IF SUCH ACT OR OMISSION  OCCURRED  DURING
   10  THE  COURSE  OF  CONFINEMENT  OF OR DURING THE PROVISION OF CARE TO SUCH
   11  PATIENT. SUCH MONIES SHALL NOT BE OFFSET OR OTHERWISE ENCUMBERED FOR THE
   12  PURPOSE OF PAYING SUCH FEES.
   13    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09111-01-3