Bill Text: NY A01142 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires physicians subject to proceedings for medical misconduct or actions for medical malpractice to give notice to patients of such proceedings and actions.

Spectrum: Moderate Partisan Bill (Democrat 11-2)

Status: (Introduced - Dead) 2020-01-08 - referred to health [A01142 Detail]

Download: New_York-2019-A01142-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1142
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by M. of A. SIMOTAS, RIVERA -- read once and referred to the
          Committee on Health
        AN ACT to amend the public health law, in relation to patient  notifica-
          tion  regarding  proceedings  for  medical  misconduct and actions for
          medical malpractice
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  public health law is amended by adding a new section
     2  230-e to read as follows:
     3    § 230-e. Disciplinary proceedings and medical malpractice;  notice  to
     4  patients. 1. Any person who holds a license to practice medicine in this
     5  state  pursuant  to  article one hundred thirty-one of the education law
     6  who either (a) was the subject of a proceeding pursuant to  section  two
     7  hundred thirty of this title that resulted in the revocation, surrender,
     8  suspension  or  limitation of such license; or (b) received a verdict of
     9  guilty or entered into a settlement agreement in an action  for  medical
    10  malpractice; shall provide notification to such person's patients as set
    11  forth in subdivision two of this section.
    12    2.  Any  person  subject  to the provisions of subdivision one of this
    13  section shall:
    14    (a) notify each patient of such person in writing by first class  mail
    15  within  thirty  days of the revocation, surrender, suspension or limita-
    16  tion of the license to practice medicine or the date of the  verdict  of
    17  guilty  or  settlement  agreement  in an action for medical malpractice.
    18  Upon completion of such mailing, such person shall file with the commis-
    19  sioner a sworn statement that such  mailing  was  made.  Such  statement
    20  shall  be made in a manner and form to be determined by the commissioner
    21  and contain information the commissioner deems appropriate; and
    22    (b) notify each new patient in writing prior to any consultation  with
    23  or provision of any services for such patient for a period of five years
    24  from  the date of the revocation, surrender, suspension or limitation of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01480-01-9
        A. 1142                             2
     1  the license to practice medicine or the date of the verdict of guilty or
     2  settlement agreement in an action for medical malpractice.
     3    §  2.  This  act shall take effect on the thirtieth day after it shall
     4  have become a law.