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History
- Referred to mental health and developmental disabilities
- Referred to mental health and developmental disabilities
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 that money damages shall not be considered in determining whether or not there exists an inability to pay for department of mental hygiene services
Assembly Floor Calendar · Sponsor James F. Brennan
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S1784
Title of bill
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
Purpose or general idea of bill
This bill would prohibit OMH from billing a person for his/her care and treatment when the source of the funds for making such a payment comes from the proceeds of a suit against the State for negligent or improper treatment.
Summary of specific provisions
This bill adds a new subdivision (e) to section 43.03 of the mental hygiene law which specifically adds language to prevent monetary awards arising from judgments or settlements as a result of a cause of action against state employees or officials to be used to pay for their care and treatment.
Justification
This bill was brought to the sponsor's attention by the case of a Mr. Kaplan who was stabbed to death while a patient of Kingsboro PC. The family sued the State and then received a bill for the care and treatment of this man, including the day that he was murdered by his roommate. There are other such cases pending at this time including two rape cases and an attempted suicide. This practice, which has not been uncommon, has a chilling effect on a patient's right to sue the State for redress for serious injury or death. It removes the incentive for the State to correct unsafe or abusive practices.
Prior legislative history
S.4839b/A.3639b - 1999-2000. Passed the Assembly.
2001-02 A.2619 - Passed Assembly. 2003-04 A.2713 - Passed Assembly. 2005-06 A.2019 - Passed Assembly. 2007-08 A.1438 - Passed Assembly 2009-10 A.2526 - in Mental Health Committee 2011-12 A4345A- Passed Assembly EFFECTIVE DATE:
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.