What's happening
This bill prevents the state from collecting mental hygiene service fees from settlements or judgments paid to patients due to state wrongdoing.
Why it matters
Ensures full compensation for harmed patients. By prohibiting the state from taking fees out of settlements or judgments awarded to patients for state wrongdoing, the bill ensures that victims receive the full amount intended to compensate them for harm suffered.
Addresses fairness in state accountability. The amendment prevents what could be seen as a conflict of interest, where the state both causes harm and then recoups costs from the resulting compensation, making it a more just process for those affected by state negligence or misconduct.
Protects vulnerable individuals and their families. Many recipients of mental hygiene services are among the most vulnerable populations; this bill guarantees that their settlements or awards cannot be diminished to pay for their own care, potentially improving their financial stability and recovery prospects after trauma or mistreatment.
May incentivize better state practices. By ensuring that the state cannot offset its own liability with service fees, the bill could encourage better oversight and higher standards of care in state mental health facilities, as there’s a clearer financial consequence for wrongdoing.
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Who cares
Headline styles
Protect Mental Health Settlement Funds
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Keep Damages for Patients
Assembly Floor Calendar · Sponsor Aileen Gunther
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2341
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities
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.
Sponsor's memo
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 2015-16: Referred to mental health and developmental disabilities
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.