What's happening
This bill deems health care practitioner volunteers as "employees" for liability coverage under the Public Officers Law, removing the insurance requirement.
Why it matters
Expands volunteer participation. By removing the requirement for health care practitioner volunteers to secure their own professional liability insurance, the bill lowers barriers for medical professionals who wish to volunteer, potentially increasing the number of providers available for underserved communities or during emergencies.
Shifts liability coverage responsibility. Designating volunteers as "employees" under the Public Officers Law means the state assumes responsibility for their legal defense and liability in the event of malpractice claims arising from their volunteer work, reducing personal financial risk for volunteers.
May impact state resources and risk pool. The shift could increase the state's exposure to lawsuits and associated costs, as more medical malpractice claims involving volunteers would be handled by the state, potentially affecting taxpayers and state insurance pools.
Encourages broader access to care. By making it easier for practitioners to volunteer without fear of personal liability, the bill could facilitate more frequent and diverse volunteer-driven health initiatives, expanding access to care for populations with limited health care options.
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Who cares
Health care practitioner volunteers
The bill would remove the requirement for adequate professional liability insurance to participate in the volunteer program and deem participants state employees for purposes of Public Officers Law section 17 for acts or omissions within their program role.
Health care practitioner volunteer program administrators
The bill would replace the insurance coverage condition for participation with employee status under section 17 for program-related acts or omissions.
Professional liability insurers
The bill would eliminate the program’s requirement that participating practitioners carry adequate professional liability coverage.
Headline styles
Protect Volunteer Health Workers
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to health
- Referred to health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2238
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. PEOPLES-STOKES, MOSLEY -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to the liability of health care practitioner volunteers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 260 of the public health law, as amended by chapter 84 of the laws of 2006, is amended to read as follows:
4. [No health care practitioner volunteer shall participate in the health care practitioner volunteer program established pursuant to this title unless, with respect to acts and omissions that occurred or allegedly occurred within the scope of his or her participation in such program, he or she is covered by an adequate professional liability insurance policy.] A health care practitioner volunteer shall be deemed to be an "employee" for purposes of section seventeen of the public officers law with respect to any acts and omissions that occurred or allegedly occurred within the scope of his or her participation in such program.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03457-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.