STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2039
 
                               2003-2004 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2003
                                       ___________
 
        Introduced  by M. of A. O'CONNELL, ALFANO -- Multi-Sponsored by -- M. of
          A. BARRA -- read once and referred to the Committee on Codes
 
        AN ACT to amend the civil practice law and rules, in relation to  creat-
          ing a cause of action for medical abandonment
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 213-c to read as follows:
     3    § 213-c. Medical abandonment. Notwithstanding any provision of law  to
     4  the contrary, an action to recover damages for personal injury or wrong-
     5  ful  death  caused  by  the  arbitrary,  capricious,  negligent or other
     6  tortious decision of a health maintenance organization or  medical  care
     7  facility  to  withhold  or  diminish  medical  care  or treatment may be
     8  commenced within three years from the date of  such  decision.  For  the
     9  purposes  of  this  section, "health maintenance organization" means any
    10  person, natural or corporate, or any groups of such  persons  who  enter
    11  into  an  arrangement,  agreement or plan or any combination of arrange-
    12  ments or plans which propose to provide or offer, or which do provide or
    13  offer, a comprehensive health services plan; and "medical care facility"
    14  means a facility certified pursuant to article  twenty-eight  or  forty-
    15  four of the public health law.
    16    § 2. This act shall take effect immediately.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03983-01-3