What's happening
This bill prohibits the state from collecting mental hygiene service fees from settlements or judgments paid to patients for state-related negligence.
Why it matters
Protects compensation for harmed patients. Ensures that individuals who receive settlements or court judgments due to state negligence while under mental health care are able to keep the full amount awarded, rather than having those funds reduced to pay outstanding service fees.
Shifts accountability for negligence costs. Prevents the state from recouping its own mental health service costs from the very damages it is ordered to pay for its wrongdoing, placing the financial burden of negligence squarely on the state rather than on victims.
May increase financial recovery for families. Extends protections not just to patients, but also to their estates and representatives, meaning families or heirs won’t see mental hygiene service fees deducted from settlements or awards following a loved one’s state-related injury or death.
Potentially impacts state budgeting and incentives. By removing the ability to offset settlements with service fees, the bill could increase the net payouts the state must make in negligence cases, possibly incentivizing higher standards of care or altering how the state manages risk and settlements in mental hygiene facilities.
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Who cares
Headline styles
Keep Damages for Patients
Plain English, a few words. Used as the page title.
Sponsors
10 Co-sponsors
3 Multi-sponsors
History
- Ordered to third reading cal.254
- Advanced to third reading cal.277
- Reported
- Reported referred to ways and means
- Referred to mental 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.
Protect Mental Health Settlement Funds
In Senate Committee · Mental Health And Developmental Disabilities · Sponsor Marisol Alcantara
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3134
2017-2018 Regular Sessions
IN ASSEMBLY
January 26, 2017
Introduced by M. of A. GUNTHER, CAHILL, ZEBROWSKI, GOTTFRIED, SIMON, MOSLEY, TITONE, MONTESANO -- Multi-Sponsored by -- M. of A. ABBATE, AUBRY, DenDEKKER -- read once and referred to the Committee on Mental Health
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 43.03 of the mental hygiene law is amended by adding a new subdivision (e) to read as follows:
(e) Notwithstanding any other provision of this section, the commissioner shall not collect any fees for services from any monies paid to or to be paid to or on behalf of a patient, his estate or a representative of a patient or his estate, as a result of or in return for a release of liability or a court ordered settlement or judgment against the state arising from an act or omission of the state, the office or any employee or agent thereof, if such act or omission occurred during the course of confinement of or during the provision of care to such patient. Such monies shall not be offset or otherwise encumbered for the purpose of paying such fees.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02527-01-7
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.