What's happening
This bill allows a patient's legal representative or estate to bring private actions and seek remedies against residential health care facilities.
Why it matters
Expands Legal Standing. By explicitly allowing a patient’s legal representative or estate to bring private actions, the bill ensures that legal accountability for harm or violations at residential health care facilities can continue even after a patient’s death or if they are incapacitated, closing a gap where facilities might otherwise avoid responsibility.
Broader Access to Remedies. The new language clarifies that all remedies available to the patient—including damages and other relief—are equally available to their representative or estate. This could incentivize facilities to maintain higher standards, knowing that legal actions aren’t limited to just living or competent patients.
Increases Deterrence and Enforcement. The threat of lawsuits from representatives or estates (not just patients themselves) could act as a stronger deterrent against neglect or abuse, and may encourage families or advocates to pursue justice where patients cannot act on their own behalf.
Reduces Administrative Barriers. The amendments confirm that neither exhaustion of administrative remedies nor a prior violation finding is required before bringing suit, potentially allowing for swifter legal action and reducing procedural hurdles for families seeking redress after harm.
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Who cares
Headline styles
Expand Patient Lawsuit Rights
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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 Legal Rights
In Assembly Committee · Health · Sponsor Richard Gottfried
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
433
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed 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.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to remedies available in private actions by patients of residential health care facilities
Purpose or general idea of bill
To provide that a nursing home patient's right to sue for injuries can be exercised by the patient's legal representative or estate.
Summary of specific provisions
Amend section 2801-d(4) of the Public Health Law and adds a new subdivi- sion 2801-d(4-a) to clarify that the right to sue extends to the nursing home patient's legal representative or estate.
Justification
Following the 1975 massive scandal of fraud and abuse in nursing homes, Public Health Law § 2801-d was enacted to give patients increased powers to enforce their right to adequate treatment and care by providing them the right to sue for damages and other relief. The bill also makes it clear that the nursing home does not escape liability for its wrongs just because the patient dies or is unable to initiate a suit on his or her own behalf.
Prior legislative history
S.0083 of 2017-2018 (Hoylman): Died in Health A.2478 of 2017-2018 (Gottfried): Passed Assembly S.124 of 2015-2016 (Hoylman): Died in Health A.442 of 2015-2016 (Gottfried): Passed Assembly S.4495 of 2013-2014 (Hoylman): Died in Health A.2687 of 2013-2014 (Gottfried): Passed Assembly
Fiscal implications
None to the state
Effective date
This act shall take effect immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.