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.
STATE OF NEW YORK ________________________________________________________________________ 657 2011-2012 Regular Sessions IN ASSEMBLY (PREFILED) January 5, 2011 ___________Introduced by M. of A. GOTTFRIED, PAULIN, GALEF, ROBINSON, JAFFEE, COLTON, MILLMAN, CAHILL, SCARBOROUGH, LANCMAN -- Multi-Sponsored by -- M. of A. BRENNAN, DINOWITZ, GLICK, LIFTON, McENENY, PERRY, TITONE, TOWNS, WEISENBERG -- 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 ASSEM- BLY, 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 REPRESEN- TATIVE, OR THE PATIENT'S ESTATE at law or in equity or by administrative proceedings, including tort causes of action, and may be granted regard- less 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. S 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. LBD02274-01-1