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NY A04346
Bill
Status
6/1/2011
Primary Sponsor
James Brennan
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AI Summary
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Prohibits the Department of Mental Hygiene Commissioner from collecting service fees from settlement payments, court judgments, or liability releases awarded to patients arising from state negligence or misconduct during their confinement or care.
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Exempts settlement or judgment monies received by patients, their estates, or representatives from being offset, seized, or otherwise encumbered to pay department service fees.
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Applies only to cases where the act or omission by the state, office, or employee occurred during the patient's confinement or while receiving care.
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Takes effect immediately upon enactment.
Legislative Description
Provides that moneys awarded as damages or obtained by judgment or settlement as a result of a cause of action commenced against officers or employees of the office of mental health shall not be considered assets for purposes of determining whether or not there exists an inability to pay for services; provides that such moneys shall not be seized, offset or otherwise attached for the purposes of paying fees for services rendered by the department of mental hygiene.
Last Action
REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
4/30/2012