STATE OF NEW YORK
________________________________________________________________________
8627
2025-2026 Regular Sessions
IN ASSEMBLY
May 22, 2025
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Judiciary
AN ACT to amend the civil practice law and rules, in relation to chang-
ing the discount rate for structured judgments in medical malpractice
actions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (e) of section 5031 of the civil practice law
2 and rules, as added by chapter 86 of the laws of 2003, is amended to
3 read as follows:
4 (e) The discount rate to be used in determining the present value of
5 all streams of payments for periods of up to twenty years shall be the
6 rate in effect for the ten-year United States Treasury Bond on the date
7 of the verdict. As to any streams of payments for which the period of
8 years exceeds twenty years, the discount rate to be used in determining
9 the present value shall be calculated by averaging, on an annual basis,
10 the rate in effect for the ten-year United States Treasury Bond on the
11 date of the verdict for the first twenty years and [two percentage
12 points above] the rate in effect for the [ten-year] thirty-year United
13 States Treasury Bond on the date of the verdict for the years after
14 twenty years.
15 § 2. This act shall take effect immediately and shall apply to any
16 verdicts entered on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13057-02-5
