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A725Assembly2009-2010 Session

Provides for additional remedies for patients' private right of actions in residential health care facilities

Sponsor Richard GottfriedAD-75+10 co-sponsorsAffects Health
Status
In Senate Committee
Health
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Senate · Health

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History

  1. Referred to health
  2. Delivered to senate
  3. Passed assembly
  4. Amended on third reading 725a
  5. Ordered to third reading cal.61
  6. Returned to assembly
  7. Died in senate
  8. Referred to health
  9. Delivered to senate
  10. Passed assembly
  11. Advanced to third reading cal.73
  12. Reported
Show 1 earlier action
  1. Referred to health

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A725A

Title of bill

An act to amend the public health law, in relation to remedies available in private actions by patients of residential health care facilities

Purpose or general idea of bill

To provide that a nursing home patient's right to sue for injuries can be exercised by the patient's legal representative or estate.

Summary of specific provisions

Amend section 2801-d(4) of the Public Health Law and adds a new subdivision 2801-d(4-a) to clarify that the right to sue extends to the nursing home patient's legal representative or estate.

Justification

Following the 1975 massive scandal of fraud and abuse in nursing homes, Public Health Law §2801-d was enacted to give patients increased powers to enforce their right to adequate treatment and care by providing them the right to sue for damages and other relief,

The bill also makes it clear that the nursing home does not escape liability for its wrongs just because the patient dies or is unable to initiate a suit on his or her own behalf.

Prior legislative history

2007-08: A8393 - passed Assembly; 2009: A:725 - passed Assembly FISCAL IMPLICATIONS: None to the state

Effective date

Immediately

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.