New York A 2305: Provides managed care enrollees access to the services of the foot center of New York

Bill Text

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A02305 Summary:

BILL NOA02305 

&nbsp

SAME ASSAME AS S01608

&nbsp

SPONSORHawley

&nbsp

COSPNSRDeStefano, Giglio, Tague, Brabenec

&nbsp

MLTSPNSRAngelino

&nbsp

Amd §§3012-a, 3101, 5031 & 5041, add Art 50-C §§5051 & 5052, CPLR; amd §474-a, Judy L

&nbsp

Requires a certificate of merit in actions for damages, contribution or indemnity arising out of alleged negligence of a professional licensed pursuant to the education law; establishes a party in an action for medical, dental or podiatric malpractice may not omit the name of certain experts in responding to a request; limits judgments for past and future damages in an action to recover damages for dental, medical or podiatric malpractice; limits compensation for noneconomic damages suffered by an injured plaintiff in any personal injury action to $250,000.

Go to top A02305 Actions:

BILL NOA02305 

&nbsp

01/16/2025referred to codes

01/07/2026referred to codes

Go to topA02305 Committee&nbspVotes:

Go to topA02305 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA02305 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2305

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 16, 2025
 ___________

 Introduced by M. of A. HAWLEY -- read once and referred to the Committee
 on Codes

 AN ACT to amend the civil practice law and rules and the judiciary law,
 in relation to dental, medical and podiatric malpractice actions and
 to establishing a limitation on noneconomic damages in personal injury
 actions

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 3012-a of the civil practice law and rules, as
 2 amended by chapter 507 of the laws of 1987, is amended to read as
 3 follows:
 4 § 3012-a. Certificate of merit in medical, dental and podiatric malp-
 5 ractice actions and actions against all other professionals. (a) In any
 6 action for medical, dental or podiatric malpractice, or in any action
 7 for damages, contribution or indemnity arising out of alleged negligence
 8 of a professional subject to the provisions of title VIII of the educa-
 9 tion law, the complaint shall be accompanied by a certificate, executed
 10 by the attorney for the plaintiff, or other party asserting the cause
 11 of action, declaring that:
 12 (1) the attorney has reviewed the facts of the case and has consulted
 13 with at least one physician in medical malpractice actions, at least one
 14 dentist in dental malpractice actions [or], at least one podiatrist in
 15 podiatric malpractice actions, or at least one professional in the same
 16 profession as the person or persons defendant in the subject suit in
 17 other professional malpractice or negligence actions and who is licensed
 18 to practice in this state or any other state and who the attorney
 19 reasonably believes is knowledgeable in the relevant issues involved in
 20 the particular action, and who has signed an affidavit concluding that
 21 there is a reasonable basis for the commencement of an action, such
 22 affidavit shall accompany the certificate required by this section, and
 23 that the attorney has concluded on the basis of such review [and],

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01811-01-5

 A. 2305 2

 1 consultation and affidavit that there is a reasonable basis for the
 2 commencement of such action; or
 3 (2) the attorney was unable to obtain the consultation and affida-
 4 vit required by paragraph one of this subdivision because a limitation
 5 of time, established by article two of this chapter, would bar the
 6 action and that the certificate required by paragraph one of this
 7 subdivision could not reasonably be obtained before such time expired.
 8 If a certificate is executed pursuant to this subdivision, the
 9 certificate required by this section shall be filed within ninety
 10 days after service of the complaint; or
 11 (3) the attorney was unable to obtain the consultation and affidavit
 12 required by paragraph one of this subdivision because the attorney had
 13 made three separate good faith attempts with three separate physicians,
 14 dentists [or], podiatrists or subject prof