What's happening
This bill allows patients' legal representatives or estates to pursue legal remedies for harm suffered in residential health care facilities.
Why it matters
Expands access to justice for vulnerable patients. By explicitly allowing legal representatives or estates of patients to sue, the bill ensures that harm suffered in residential health care facilities can be addressed even if the patient is incapacitated or has passed away.
Strengthens accountability for care facilities. Facilities may face increased scrutiny and potential legal consequences, as more parties (not just the patient) can now initiate lawsuits, promoting higher standards of care.
Clarifies and broadens legal remedies. The amendment confirms that legal representatives and estates can seek any relief available to the patient, such as compensation for injuries or damages, reinforcing that these rights persist after the patient's death or incapacity.
Removes procedural barriers for families. The bill eliminates the need for families to exhaust administrative remedies before filing a lawsuit, making it easier and faster for them to seek justice for harm done to their loved ones.
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Who cares
Headline styles
Expand Patient Legal Rights
Plain English, a few words. Used as the page title.
Sponsors
10 Co-sponsors
History
- Referred to health
- Referred to 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.
Expand Patient Lawsuit Rights
In Senate Committee · Health · Sponsor Brad Hoylman-Sigal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1202
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
Introduced by M. of A. GOTTFRIED, PAULIN, GALEF, JAFFEE, COLTON, CAHILL, ENGLEBRIGHT, ABINANTI, HYNDMAN, STECK, D'URSO -- Multi-Sponsored by -- M. of A. CARROLL, DINOWITZ, GLICK, LIFTON, PERRY -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to remedies available in private actions by patients of residential health care facilities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 2801-d of the public health law, as amended by chapter 61 of the laws of 2009, is amended and a new subdivision 4-a is added to read as follows:
4. Any damages recoverable pursuant to this section, including minimum damages as provided by subdivision two of this section, may be recovered in any action which a court may authorize to be brought as a class action pursuant to article nine of the civil practice law and rules. The remedies provided in this section are in addition to and cumulative with any other remedies available to a patient, the patient's legal representative, or the patient's estate at law or in equity or by administrative proceedings, including tort causes of action, and may be granted regardless of whether such other remedies are available or are sought. A violation of subdivision three of section twenty-eight hundred three-c of this article is not a prerequisite for a claim under this section. Exhaustion of any available administrative remedies shall not be required prior to commencement of suit hereunder.
4-a. Under this section, any action that may be brought, and any relief that may be sought or received, may be brought, sought or received in an appropriate case by the patient's legal representative or the patient's estate.
§ 2. This act shall take effect immediately and apply to any actions filed on and after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03366-01-9
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.