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NY S00995

Bill

Status

Introduced

1/6/2021

Primary Sponsor

Brad Hoylman-Sigal

Click for details

Origin

Senate

2021-2022 General Assembly

AI Summary

  • Amends Public Health Law Section 2801-d to permit damages in private lawsuits against residential health care facilities to be recovered through class actions under Civil Practice Law and Rules Article 9.

  • Expands remedies to include actions brought by a patient's legal representative or patient's estate, in addition to actions brought by patients themselves.

  • Specifies that remedies under this section are cumulative with and in addition to other available legal remedies including tort causes of action, administrative proceedings, and equitable remedies.

  • Eliminates the requirement to exhaust administrative remedies before bringing suit and removes the prerequisite of proving a violation of Public Health Law Section 2803-c.

  • Takes effect immediately upon enactment and applies to all actions filed after the effective date.

Legislative Description

Provides for additional remedies for patients' private right of actions in residential health care facilities; allows class actions by patients, patient's legal representative, or such patient's estate.

Last Action

SUBSTITUTED BY A159

6/2/2022

Committee Referrals

Health1/6/2021

Full Bill Text

No bill text available