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NY S05566
Bill
Status
5/14/2015
Primary Sponsor
Kemp Hannon
Click for details
AI Summary
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Requires manufacturers and sellers of electronic medical devices and implantable hip or knee medical devices to provide consumers with a minimum 5-year warranty covering fitness for ordinary use and freedom from defects.
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Makes initial sellers liable for all repair and replacement costs, plus any additional medical and rehabilitation care, if a device fails to meet warranty requirements during the 5-year period.
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Directs the Department of Health to establish notification procedures requiring hospitals to inform patients receiving these devices that they are warranted for at least five years.
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Prohibits consumers from waiving their rights under this law, declaring any such waiver contrary to public policy and unenforceable.
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Excludes devices approved through the FDA's pre-market approval process if federal law prohibits imposing the warranty requirement; takes effect January 1st following enactment and applies to devices first used on or after that date.
Legislative Description
Requires the provision of at least a 5 year warranty on electronic medical devices and implantable hip and knee medical devices.
Last Action
RECOMMITTED TO RULES
6/17/2016