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NY A01673

Bill

Status

Introduced

1/7/2009

Primary Sponsor

James Brennan

Click for details

Origin

Assembly

2009-2010 General Assembly

AI Summary

  • Requires health care providers to disclose to patients or their representatives any errors in diagnosis, treatment, or services that caused or significantly risk causing substantial harm

  • Disclosure must be made within a reasonable period of time in language reasonably understandable to the patient or representative, including a statement of the harm or risk of harm

  • Creates a rebuttable presumption that a health care provider knew of an error and resulting harm if the provider reasonably should have had knowledge of it under the circumstances

  • Exempts health care providers from disclosure liability if they reasonably believe another health care provider has already made the disclosure

  • Applies to entities licensed under public health law and mental hygiene law, health care practitioners licensed under education law, and providers of pharmaceutical products or durable medical equipment

Legislative Description

Requires health care providers (i.e., an entity licensed/certified under certain articles of the public health law or the mental hygiene law, a health care practitioner licensed/registered/certified under title eight of the education law, or a provider of pharmaceutical products/services or durable medical equipment) to disclose errors in diagnosis, treatment or other services that the provider knows has caused substantial harm or significant risk of substantial harm; provides there shall be a rebuttable presumption that the provider knew of the error and the harm or risk of harm if, under the circumstances, the provider reasonably should have had knowledge thereof; provides such disclosure shall be made within a reasonable period of time and be reasonably understandable.

Last Action

reported referred to rules

6/16/2010

Committee Referrals

Rules6/16/2010
Codes2/2/2010
Health1/6/2010
Codes1/22/2009
Health1/7/2009

Full Bill Text

No bill text available