Amd S230, Pub Health L; add S535, County L; amd SS304 & 8018, CPLR
Requires the state board for professional medical conduct to initiate a preliminary investigation of physicians against whom a significant number of claims of malpractice have been alleged; establishes a formal process by which certain claims and complaints which allege medical malpractice and professional medical misconduct are forwarded to the department of health for an expedited review and, if necessary, a more intensive investigation.
STATE OF NEW YORK
________________________________________________________________________
2671
2011-2012 Regular Sessions
IN SENATE
January 28, 2011
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, the county law and the civil
practice law and rules, in relation to review and investigation of
claims of professional medical misconduct or medical malpractice and
requirements for the filing of such claims
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 230 of the public health law is amended by adding
2 a new subdivision 12-a to read as follows:
3 12-a. (a) Upon receipt by the commissioner of a report identifying
4 claims of medical malpractice, as required by paragraphs one and two of
5 subsection (b) of section three hundred fifteen of the insurance law,
6 the commissioner shall immediately refer the same to the state board for
7 professional medical conduct for an expedited review to determine wheth-
8 er the said claims involve professional misconduct as defined by subdi-
9 visions three, four, five and six of section sixty-five hundred thirty
10 of the education law. Each such claim which alleges professional miscon-
11 duct, as defined in subdivisions three, four, five and six of such
12 section sixty-five hundred thirty, shall be referred for an expedited
13 investigation in accordance with the provisions of subdivision ten of
14 this section.
15 (b) Upon receipt by the commissioner of a copy of a summons and
16 complaint which alleges professional medical misconduct and/or medical
17 malpractice, as required by section five hundred thirty-five of the
18 county law, the commissioner shall immediately refer same to the state
19 board for professional medical conduct, for an expedited review to
20 determine whether said allegations involve professional misconduct as
21 defined by subdivisions three, four, five and six of section sixty-five
22 hundred thirty of the education law. Each such summons and complaint
23 which alleges professional misconduct, as defined in subdivisions
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07290-01-1
S. 2671 2
1 three, four, five and six of such section sixty-five hundred thirty,
2 shall be referred for an expedited investigation in accordance with the
3 provisions of subdivision ten of this section.
4 § 2. The county law is amended by adding a new section 535 to read as
5 follows:
6 § 535. Reporting of professional medical misconduct and/or medical
7 malpractice. Upon the filing of a summons and complaint which alleges
8 professional medical misconduct and/or medical malpractice pursuant to
9 section three hundred four of the civil practice law and rules, the
10 county clerk shall forward a copy of same to the commissioner of health.
11 § 3. Subdivision (a) of section 304 of the civil practice law and
12 rules, as amended by chapter 125 of the laws of 2007, is amended to read
13 as follows:
14 (a) An action is commenced by filing a summons and complaint or
15 summons with notice in accordance with rule twenty-one hundred two of
16 this chapter; except that where an action alleges medical malpractice or
17 professional medical misconduct, two copies of said summons and
18 complaint must be filed with said clerk of the court with a notice on
19 the front of the summons stating that such action alleges such conduct;
20 provided that a failure to file a second copy with the county clerk
21 shall not be grounds for dismissal of any action initiated pursuant to
22 this chapter; and provided further that said failure to file such second
23 copy shall not relieve the county clerk from the obligation to forward a
24 copy of the filed pleading to the commissioner of health. A special
25 proceeding is commenced by filing a petition in accordance with rule
26 twenty-one hundred two of this chapter. Where a court finds that circum-
27 stances prevent immediate filing, the signing of an order requiring the
28 subsequent filing at a specific time and date not later than five days
29 thereafter shall commence the action.
30 § 4. Paragraph 1 of subdivision (a) of section 8018 of the civil prac-
31 tice law and rules, as amended by section 5 of part K of chapter 56 of
32 the laws of 2010, is amended to read as follows:
33 1. A county clerk is entitled, for the assignment of an index number
34 to an action pending in a court of which he or she is clerk, to a fee
35 of: (i) one hundred ninety dollars; and (ii) in an action to foreclose
36 pursuant to article thirteen of the real property actions and
37 proceedings law, such clerk is entitled to collect an additional fee of
38 one hundred ninety dollars; except (iii) where an action alleges medical
39 malpractice or professional misconduct the county clerk is entitled to a
40 fee of one hundred seventy-five dollars. Such fees are payable in
41 advance.
42 § 5. This act shall take effect on the one hundred eightieth day after
43 it shall have become a law.
