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Who cares
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Sponsors
No co-sponsors yet.
History
- Substituted by A730
- Advanced to third reading
- 2nd report cal.
- 1st report cal.272
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides a clarification of the exemption of certain damages recovered by or on behalf of patients of residential health care facilities
Vetoed · Sponsor Richard Gottfried
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
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
Purpose
To exempt damages that have been awarded to nursing home patients or to their representative or estate from collection by Medicaid.
Summary of provisions
Current law says that if a nursing home patient is awarded monetary damages to compensate for injury by a nursing home, that award shall not be subject to a Medicaid lien to pay for benefits or counted towards eligibility. This bill would amend section 2801-d(5) of the Public Health Law to make it clear that this exemption applies to payment of past and future medical care and add a patient's legal representative and estate to the protected parties.
Existing law
None.
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 law says that if a nursing home patient is awarded monetary damages to compensate for injury by a nursing home, that award shall not be subject to a Medicaid lien to pay for benefits or counted towards eligibility. However, it does not specifically address the situation that may arise if a patient dies before the conclusion of the case.
The principle of the law is designed not only to be fair but also to encourage patients to do the extensive work necessary to bring a successful lawsuit. The law should be clear that this exemption applies even if the patient dies and the claim is brought by the patient's legal representative or estate.
Legislative history
This is a new bill.
Fiscal implications
None.
Local fiscal implications
None.
Effective date
This act shall take effect immediately and shall apply to: (a) hospital inpatient discharges on or after the first of April after it shall have become a law; and (b) other services provided on or after the first of April after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.