S T A T E   O F   N E W   Y O R K                   
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                                          849                                  
                                                                               
                              1999-2000 Regular Sessions                       
                                                                               
                                   I N  S E N A T E                            
                                                                               
                                   January 11, 1999                            
                                      ___________                              
                                                                               
       Introduced  by  Sens.  BALBONI, ALESI -- 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    S 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
   15  FORTY-FOUR OF THE PUBLIC HEALTH LAW.                                    
   16    S 2. This act shall take effect immediately.                          
                                                                               
                                                                               
                                                                               
                                                                               
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             { } is old law to be omitted.                     
                                                                  LBD04178-01-9
.SO DOC S 849           *END*                    BTXT                 1999     

Bill S00849
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