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NY S05566

Bill

Status

Introduced

5/14/2015

Primary Sponsor

Kemp Hannon

Click for details

Origin

Senate

2015-2016 General Assembly

AI Summary

  • 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.

  • 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.

  • 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.

  • Prohibits consumers from waiving their rights under this law, declaring any such waiver contrary to public policy and unenforceable.

  • 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

Committee Referrals

Rules6/15/2016
Health5/14/2015

Full Bill Text

No bill text available