NY S00528

Establishes a cause of action for medical monitoring allowing individuals to sue for diagnostic testing costs if they may have been exposed to a toxic substance released by another person.

Requires plaintiffs to demonstrate by preponderance of the evidence that exposure occurred, a probable link exists between the substance and latent disease, exposure increases disease risk, diagnostic testing is reasonably necessary, and detection tests exist.

Defines key terms including "toxic substance" (chemicals or biological substances posing health risks as defined by EPA, ATSDR, or proven by preponderance of evidence) and "medical monitoring" (surveillance programs including medical tests for early disease detection).

Allows plaintiffs to pursue medical monitoring damages in addition to other available civil, injunctive, or common law remedies, and permits class action certification for medical monitoring claims.

Sets statute of limitations for medical monitoring claims at the period allowed under existing law or within one year of the act's effective date, whichever is longer.