What's happening
The Patient Sunlight Act requires hospitals to provide incident reports to affected patients or their representatives and extends the malpractice filing deadline if hospitals fail to file such reports.
Why it matters
Empowers patients and families with timely information. By requiring hospitals to provide incident reports directly to affected patients, their legal representatives, or designated contacts, the bill increases transparency and allows those harmed to better understand what happened, potentially aiding them in decision-making about their care or legal options.
Incentivizes hospital compliance with reporting laws. The extension of the malpractice filing deadline if incident reports are not provided creates a strong incentive for hospitals to comply with reporting requirements, as failure to do so can expose them to lawsuits well after the standard statute of limitations has expired.
Levels the playing field in malpractice cases. Patients often lack crucial information about incidents that could form the basis for a malpractice claim. By mandating disclosure of incident reports, the bill helps ensure that patients are not disadvantaged by hospitals withholding information, making it more likely that legitimate claims can be brought forward.
Potentially drives improvements in hospital safety culture. The prospect of increased scrutiny and accountability may encourage hospitals to strengthen their incident reporting systems and safety protocols, potentially leading to better outcomes and fewer preventable adverse events.
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Who cares
Headline styles
Give Patients Incident Reports
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
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.
Give Patients Incident Reports
In Senate Committee · Judiciary · Sponsor Michael Gianaris
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2916
2017-2018 Regular Sessions
IN ASSEMBLY
January 23, 2017
Introduced by M. of A. SIMOTAS, HOOPER -- read once and referred to the Committee on Codes
AN ACT to amend the civil practice law and rules and the public health law, in relation to the provision of hospital incident reports to the affected patients or their representatives
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "patient sunlight act".
§ 2. Section 214-a of the civil practice law and rules, as amended by chapter 485 of the laws of 1986, is amended to read as follows:
§ 214-a. Action for medical, dental or podiatric malpractice to be commenced within two years and six months; exceptions. 1. An action for medical, dental or podiatric malpractice must be commenced within two years and six months of the act, omission or failure complained of or last treatment where there is continuous treatment for the same illness, injury or condition which gave rise to the said act, omission or failure[; provided, however, that where].
2. (a) Notwithstanding the provisions of subdivision one of this section, an action for medical, dental or podiatric malpractice need not be commenced within two years and six months of the act, omission or failure complained of or last treatment where there is continuous treatment for the same illness, injury or condition which gave rise to said act, omission or failure, if the defendant is a general hospital, as defined in subdivision ten of section twenty-eight hundred one of the public health law, and has failed to file an incident report, as required by section twenty-eight hundred five-l of such law, in connection with the incident that is the subject of the malpractice action. In such case, the action may be commenced within one year of the date such incident report is filed.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04204-01-7
A. 2916 2
(b) Notwithstanding the provisions of subdivision one of this section, an action for medical, dental or podiatric malpractice need not be commenced within two years and six months of the act, omission or failure complained of or last treatment where there is continuous treatment for the same illness, injury or condition which gave rise to said act, omission or failure, where such action is against a general hospital, as defined in subdivision ten of section twenty-eight hundred one of the public health law, regardless of whether such action is otherwise barred by subdivision one of this section against any person licensed, certified or registered pursuant to title eight of the education law, where such individual or general hospital has failed to file an incident report, as required by section twenty-eight hundred five-l of such law, in connection with the incident that is the subject of the malpractice action. In such case, the action may be commenced within one year of the date such incident report is filed.
3. Where the action is based upon the discovery of a foreign object in the body of the patient, the action may be commenced within one year of the date of such discovery or of the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier. For the purpose of this section the term "continuous treatment" shall not include examinations undertaken at the request of the patient for the sole purpose of ascertaining the state of the patient's condition. For the purpose of this section the term "foreign object" shall not include a chemical compound, fixation device or prosthetic aid or device.
§ 3. Section 2805-l of the public health law is amended by adding a new subdivision 2-a to read as follows:
2-a. Notwithstanding any provision of law to the contrary, copies of any reports submitted to the department pursuant to this section shall simultaneously be provided to:
(a) the patient or patients who were affected in such a manner as to require the submission of such incident report;
(b) in the event such a patient is deceased or incapacitated, such report shall be provided to the patient's legal representative or the legal representative of the patient's estate; and
(c) the persons, family or other party identified in the hospital's records as the party or parties designated by such patient for notification or consultation in the event of the patient's incapacity or death.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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