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.
TITLE OF BILL: An act to amend the public health law, in relation to remedies available in private actions by patients of residential health care facilities
PURPOSE OR GENERAL IDEA OF BILL:
To provide that a nursing home patient's right to sue for injuries can be exercised by the patient's legal representative or estate.
SUMMARY OF SPECIFIC PROVISIONS:
Amend section 2801-d(4) of the Public Health Law and adds a new subdivision 2801-d(4-a) to clarify that the right to sue extends to the nursing home patient's legal representative or estate.
Following the 1975 massive scandal of fraud and abuse in nursing homes, Public Health Law § 2801-d was enacted to give patients increased powers to enforce their right to adequate treatment and care by providing them the right to sue for damages and other relief.
The bill also makes it clear that the nursing home does not escape liability for its wrongs just because the patient dies or is unable to initiate a suit on his or her own behalf.
PRIOR LEGISLATIVE HISTORY:
2007-2008: A.8393 - passed Assembly 2009-2010: A.725 - passed Assembly 2011-2012: A.657 passed Assembly
None to the state
STATE OF NEW YORK ________________________________________________________________________ 4495 2013-2014 Regular Sessions IN SENATE 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: 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. LBD01433-01-3