STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2493
 
                               2003-2004 Regular Sessions
 
                    IN SENATE
 
                                    February 28, 2003
                                       ___________
 
        Introduced  by Sens. BALBONI, ALESI, DeFRANCISCO, McGEE, MORAHAN -- read
          twice and ordered printed, and when printed to  be  committed  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, as defined in
     7  article forty-four of the public health law, or medical care facility to
     8  withhold or diminish medical care or treatment may be  commenced  within
     9  three  years  from  the  date of such decision. For the purposes of this
    10  section, "medical care facility" means a facility certified pursuant  to
    11  article twenty-eight or forty-four of the public health law.
    12    § 2. This act shall take effect immediately.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03983-02-3