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S3841Senate2009-2010 SessionSame asA724

Provides clarification regarding retaliation against a patient or a patient's legal representative for asserting such patient's right of action

Sponsor Thomas K. DuaneSD-29Affects Health
Status
Senate Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via A724

What's happening

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Why it matters

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Who cares

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Sponsors

Primary sponsor
Thomas K. Duane

Senator · Senate District 29

No co-sponsors yet.

History

  1. Substituted by A724
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.273
  5. 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.

A724Assembly

Provides clarification regarding retaliation against a patient or a patient's legal representative for asserting such patient's right of action

Signed by Governor · Sponsor Richard Gottfried

Signed into law

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 retaliation by residential health care facilities where a patient asserts a private right of action

Purpose

To improve protection of nursing home patients from retaliation for suing the nursing home because of an injury.

Summary of provisions

Amend § 2801-d(10) of the Public Health Law to prohibit discrimination against a patient when the patient's legal representative sues a nursing home or its employee for alleged injury.

Existing law

None.

Justification

Following the 1975 massive scandal of fraud and abuse in nursing homes, public Health Law §280 1-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.

Subdivision 10 (a) of section 2801-d protects nursing home patients from discrimination when they allege injury in a lawsuit. This bill will extend that protection to encompass the situation where the patient's cause is taken up by a representative, where the patient is unable to act on his or her own behalf.

Legislative history

This is a new bill.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Immediately.

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