Bill Text: NY S04495 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides for additional remedies for patients' private right of actions in residential health care facilities; allows class actions by patients, patient's legal representative, or such patient's estate.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO HEALTH [S04495 Detail]

Download: New_York-2013-S04495-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4495
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     April 3, 2013
                                      ___________
       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  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 4 of section 2801-d of the public health law,
    2  as amended by chapter 61 of the laws of  2009,  is  amended  and  a  new
    3  subdivision 4-a is added to read as follows:
    4    4. Any damages recoverable pursuant to this section, including minimum
    5  damages as provided by subdivision two of this section, may be recovered
    6  in  any  action  which  a  court  may authorize to be brought as a class
    7  action pursuant to article nine of the civil practice law and rules. The
    8  remedies provided in this section are in addition to and cumulative with
    9  any other remedies available to a patient, THE PATIENT'S LEGAL REPRESEN-
   10  TATIVE, OR THE PATIENT'S ESTATE at law or in equity or by administrative
   11  proceedings, including tort causes of action, and may be granted regard-
   12  less of whether such other remedies  are  available  or  are  sought.  A
   13  violation  of  subdivision three of section twenty-eight hundred three-c
   14  of this article is not a prerequisite for a claim  under  this  section.
   15  Exhaustion  of  any  available  administrative  remedies  shall  not  be
   16  required prior to commencement of suit hereunder.
   17    4-A. UNDER THIS SECTION, ANY ACTION  THAT  MAY  BE  BROUGHT,  AND  ANY
   18  RELIEF  THAT  MAY  BE  SOUGHT  OR  RECEIVED,  MAY  BE BROUGHT, SOUGHT OR
   19  RECEIVED IN AN APPROPRIATE CASE BY THE PATIENT'S LEGAL REPRESENTATIVE OR
   20  THE PATIENT'S ESTATE.
   21    S 2. This act shall take effect immediately and apply to  any  actions
   22  filed on and after such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01433-01-3