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A00730 Summary:

A00730 Actions:

A00730 Floor Votes:

A00730 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           730
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2009
                                       ___________
 
        Introduced by M. of A. GOTTFRIED, PAULIN, GALEF, ROBINSON, JAFFEE, MILL-
          MAN,  COLTON,  CHRISTENSEN,  LANCMAN, STIRPE, HOOPER, CAHILL -- Multi-
          Sponsored by -- M. of A.  BRENNAN, DINOWITZ, EDDINGTON, GLICK, LIFTON,
          McENENY, PERRY, PHEFFER, TITONE, TOWNS, WEISENBERG --  read  once  and

          referred to the Committee on Health
 
        AN  ACT  to  amend  the  public  health law, in relation to exemption of
          certain damages recovered by or on behalf of patients  of  residential
          health care facilities
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 5 of section 2801-d of the public  health  law,
     2  as  added  by  chapter  658  of  the laws of 1975, is amended to read as
     3  follows:
     4    5. The amount of any damages recovered by  a  patient,  the  patient's
     5  legal  representative,  or  the  patient's  estate, in an action brought
     6  pursuant to this section shall be exempt  for  purposes  of  determining
     7  initial  or  continuing  eligibility  for medical assistance under title

     8  eleven of article five of the social services law and shall  neither  be
     9  taken into consideration nor required to be applied toward the repayment
    10  or payment or part payment of the cost of past or future medical care or
    11  services available under [said] such title eleven.
    12    § 2. This act shall take effect immediately and apply to actions filed
    13  on and after such effective date.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01114-01-9