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STATE OF NEW YORK
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4909--A

2011-2012 Regular Sessions

IN ASSEMBLY

February 9, 2011
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Introduced  by M. of A. SIMOTAS, HOOPER -- read once and referred to the
  Committee on Codes -- recommitted to the Committee on Codes in accord-
  ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the civil practice law and rules and the  public  health
  law,  in relation to the provision of hospital incident reports to the
  affected patients or their representatives

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "patient sunlight act".
  S 2. Section 214-a of the civil practice law and rules, as amended  by
chapter 485 of the laws of 1986, is amended to read as follows:
  S  214-a.  Action  for  medical, dental or podiatric malpractice to be
commenced within two years and six months; exceptions. 1. An action  for
medical,  dental  or  podiatric malpractice must be commenced within two
years and six months of the act, omission or failure  complained  of  or
last treatment where there is continuous treatment for the same illness,
injury  or  condition which gave rise to the said act, omission or fail-
ure[; provided, however, that where].
  2. (A) NOTWITHSTANDING THE  PROVISIONS  OF  SUBDIVISION  ONE  OF  THIS
SECTION, AN ACTION FOR MEDICAL, DENTAL OR PODIATRIC MALPRACTICE NEED NOT
BE  COMMENCED  WITHIN  TWO  YEARS AND SIX MONTHS OF THE ACT, OMISSION OR
FAILURE COMPLAINED OF OR LAST TREATMENT WHERE THERE IS CONTINUOUS TREAT-
MENT FOR THE SAME ILLNESS, INJURY OR CONDITION WHICH GAVE RISE  TO  SAID
ACT,  OMISSION  OR  FAILURE,  IF THE DEFENDANT IS A GENERAL HOSPITAL, AS
DEFINED IN SUBDIVISION TEN OF SECTION TWENTY-EIGHT HUNDRED  ONE  OF  THE
PUBLIC  HEALTH  LAW,  AND  HAS  FAILED  TO  FILE  AN INCIDENT REPORT, AS
REQUIRED  BY  SECTION  TWENTY-EIGHT  HUNDRED  FIVE-L  OF  SUCH  LAW,  IN
CONNECTION  WITH  THE  INCIDENT  THAT  IS THE SUBJECT OF THE MALPRACTICE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04123-04-1
A. 4909--A                          2

ACTION. IN SUCH CASE, THE ACTION MAY BE COMMENCED WITHIN ONE YEAR OF THE
DATE SUCH INCIDENT REPORT IS FILED.
  (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
AN  ACTION  FOR  MEDICAL,  DENTAL  OR  PODIATRIC MALPRACTICE NEED NOT BE
COMMENCED WITHIN TWO YEARS AND SIX MONTHS OF THE ACT, OMISSION OR  FAIL-
URE  COMPLAINED OF OR LAST TREATMENT WHERE THERE IS CONTINUOUS TREATMENT
FOR THE SAME ILLNESS, INJURY OR CONDITION WHICH GAVE RISE TO  SAID  ACT,
OMISSION OR FAILURE, WHERE SUCH ACTION IS AGAINST A GENERAL HOSPITAL, AS
DEFINED  IN  SUBDIVISION  TEN OF SECTION TWENTY-EIGHT HUNDRED ONE OF THE
PUBLIC HEALTH LAW, REGARDLESS OF WHETHER SUCH ACTION IS OTHERWISE BARRED
BY SUBDIVISION ONE OF THIS SECTION AGAINST ANY PERSON  LICENSED,  CERTI-
FIED  OR  REGISTERED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW, WHERE
SUCH INDIVIDUAL OR GENERAL HOSPITAL  HAS  FAILED  TO  FILE  AN  INCIDENT
REPORT,  AS REQUIRED BY SECTION TWENTY-EIGHT HUNDRED FIVE-L OF SUCH LAW,
IN CONNECTION WITH THE INCIDENT THAT IS THE SUBJECT OF  THE  MALPRACTICE
ACTION. IN SUCH CASE, THE ACTION MAY BE COMMENCED WITHIN ONE YEAR OF THE
DATE SUCH INCIDENT REPORT IS FILED.
  3.    WHERE the action is based upon the discovery of a foreign object
in the body of the patient, the action may be commenced within one  year
of the date of such discovery or of the date of discovery of facts which
would  reasonably  lead to such discovery, whichever is earlier. For the
purpose of this  section  the  term  "continuous  treatment"  shall  not
include  examinations  undertaken  at the request of the patient for the
sole purpose of ascertaining the state of the patient's  condition.  For
the  purpose of this section the term "foreign object" shall not include
a chemical compound, fixation device or prosthetic aid or device.
  S 3. Section 2805-l of the public health law is amended  by  adding  a
new subdivision 2-a to read as follows:
  2-A.   NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, COPIES OF
ANY REPORTS SUBMITTED TO THE DEPARTMENT PURSUANT TO THIS  SECTION  SHALL
SIMULTANEOUSLY BE PROVIDED TO:
  (A)  THE  PATIENT OR PATIENTS WHO WERE AFFECTED IN SUCH A MANNER AS TO
REQUIRE THE SUBMISSION OF SUCH INCIDENT REPORT;
  (B) IN THE EVENT SUCH A PATIENT IS  DECEASED  OR  INCAPACITATED,  SUCH
REPORT  SHALL  BE  PROVIDED TO THE PATIENT'S LEGAL REPRESENTATIVE OR THE
LEGAL REPRESENTATIVE OF THE PATIENT'S ESTATE; AND
  (C) THE PERSONS, FAMILY OR OTHER PARTY IDENTIFIED  IN  THE  HOSPITAL'S
RECORDS AS THE PARTY OR PARTIES DESIGNATED BY SUCH PATIENT FOR NOTIFICA-
TION OR CONSULTATION IN THE EVENT OF THE PATIENT'S INCAPACITY OR DEATH.
  S 4. This act shall take effect immediately.