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NY S04255
Bill
Status
12/2/2020
Primary Sponsor
David Carlucci
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AI Summary
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Amends Mental Hygiene Law Section 43.03 to prohibit the commissioner from collecting fees for mental health services from settlement or judgment proceeds awarded to patients or their estates resulting from state liability claims.
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Protects settlement and judgment monies from being offset, encumbered, or seized to pay service fees when the underlying claim arose from acts or omissions by the state, office, or their employees during a patient's confinement or care.
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Applies to all monies paid as a result of liability releases, court-ordered settlements, or judgments against the state in cases involving mental health services.
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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
signed chap.305
12/2/2020