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.
STATE OF NEW YORK
________________________________________________________________________
4255
2019-2020 Regular Sessions
IN SENATE
March 5, 2019
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health and Develop-
mental Disabilities
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
hygiene
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.
LBD01455-01-9
