Bill Text: NY A03402 | 2019-2020 | General Assembly | Introduced

Bill Title: 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.

Spectrum: Strong Partisan Bill (Democrat 14-1)

Status: (Engrossed) 2019-06-13 - REFERRED TO RULES [A03402 Detail]

Download: New_York-2019-A03402-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
        Introduced  by  M.  of  A. GUNTHER, CAHILL, ZEBROWSKI, GOTTFRIED, SIMON,
          MOSLEY, MONTESANO, M. G. MILLER, JAFFEE, COLTON -- Multi-Sponsored  by
          --  M. of A. ABBATE, AUBRY, DenDEKKER -- read once and referred to the
          Committee on Mental Health
        AN ACT to amend the mental hygiene law, in relation to liability for the
          payment of fees for services rendered  by  the  department  of  mental
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 43.03 of the  mental  hygiene  law  is  amended  by
     2  adding a new subdivision (e) to read as follows:
     3    (e)  Notwithstanding  any other provision of this section, the commis-
     4  sioner shall not collect any fees for services from any monies  paid  to
     5  or  to  be  paid to or on behalf of a patient, his estate or a represen-
     6  tative of a patient or his estate, as a result of or  in  return  for  a
     7  release  of  liability or a court ordered settlement or judgment against
     8  the state arising from an act or omission of the state,  the  office  or
     9  any  employee  or agent thereof, if such act or omission occurred during
    10  the course of confinement of or during the provision  of  care  to  such
    11  patient. Such monies shall not be offset or otherwise encumbered for the
    12  purpose of paying such fees.
    13    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.