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S124Senate2015-2016 SessionSame asA442

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

Sponsor Brad Hoylman-SigalSD-27Affects Health
Status
In Senate Committee
Health
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Health

What's happening

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Who cares

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Sponsors

Primary sponsor
Brad Hoylman-Sigal

Senator · Senate District 27

No co-sponsors yet.

History

  1. Referred to health
  2. 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.

A442Assembly

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

In Senate Committee · Health · 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 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

S.4495 of 2013-2014 (Hoylman): Died in Health A.2687 of 2013-2014 (Gottfried): 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.