Actions

Text

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