Bill Text: NY A04346 | 2011-2012 | General Assembly | Amended

New York Assembly Bill 4346 (Prior Session Legislation)

Bill Title: Provides that moneys awarded as damages or obtained by judgment or settlement as a result of a cause of action commenced against officers or employees of the office of mental health shall not be considered assets for purposes of determining whether or not there exists an inability to pay for services; provides that such moneys shall not be seized, offset or otherwise attached for the purposes of paying fees for services rendered by the department of mental hygiene.

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Engrossed - Dead) 2012-04-30 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [A04346 Detail]

Download: New_York-2011-A04346-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4346--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 3, 2011
                                      ___________
       Introduced  by  M. of A. BRENNAN, WEISENBERG, SCHROEDER, JAFFEE, CAHILL,
         ZEBROWSKI -- Multi-Sponsored by -- M. of A. ABBATE, ABINANTI, BOYLAND,
         DenDEKKER, DINOWITZ,  GABRYSZAK,  GLICK,  GOTTFRIED,  HOOPER,  JACOBS,
         LANCMAN, MENG, MILLMAN, PERRY -- read once and referred to the Commit-
         tee  on  Mental  Health -- committee discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee
       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 ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 43.03 of the  mental  hygiene  law  is  amended  by
    2  adding a new subdivision (e) to read as follows:
    3    (E)  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION, THE COMMIS-
    4  SIONER SHALL NOT COLLECT ANY FEES FOR SERVICES FROM ANY MONIES  PAID  TO
    5  OR  TO  BE  PAID TO OR ON BEHALF OF A PATIENT, HIS ESTATE OR A REPRESEN-
    6  TATIVE OF A PATIENT OR HIS ESTATE, AS A RESULT OF OR  IN  RETURN  FOR  A
    7  RELEASE  OF  LIABILITY OR A COURT ORDERED SETTLEMENT OR JUDGMENT AGAINST
    8  THE STATE ARISING FROM AN ACT OR OMISSION OF THE STATE,  THE  OFFICE  OR
    9  ANY  EMPLOYEE  OR AGENT THEREOF, IF SUCH ACT OR OMISSION OCCURRED DURING
   10  THE COURSE OF CONFINEMENT OF OR DURING THE PROVISION  OF  CARE  TO  SUCH
   11  PATIENT. SUCH MONIES SHALL NOT BE OFFSET OR OTHERWISE ENCUMBERED FOR THE
   12  PURPOSE OF PAYING SUCH FEES.
   13    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00858-02-1