New York S 7474: Relates to establishing a cause of action for medical monitoring

Bill Text

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S07474 Summary:

BILL NOS07474 

&nbsp

SAME ASNo Same As

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SPONSORHOYLMAN-SIGAL

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COSPNSRMAY

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MLTSPNSR

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Add §37-0116, En Con L; add §214-k, CPLR

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Establishes a cause of action for medical monitoring for a person with or without a present injury or disease; establishes a statute of limitation for such cause of action.

Go to top S07474 Actions:

BILL NOS07474 

&nbsp

04/17/2025REFERRED TO ENVIRONMENTAL CONSERVATION

Go to topS07474 Committee&nbspVotes:

Go to topS07474 Floor&nbspVotes:

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

Go to topS07474 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7474

 2025-2026 Regular Sessions

 IN SENATE

 April 17, 2025
 ___________

 Introduced by Sens. HOYLMAN-SIGAL, MAY -- read twice and ordered print-
 ed, and when printed to be committed to the Committee on Environmental
 Conservation

 AN ACT to amend the environmental conservation law and the civil prac-
 tice law and rules, in relation to establishing a cause of action for
 medical monitoring

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

 1 Section 1. The environmental conservation law is amended by adding a
 2 new section 37-0116 to read as follows:
 3 § 37-0116. Cause of action for medical monitoring.
 4 1. For the purpose of this section, the following terms shall have the
 5 following meanings:
 6 (a) "exposure" shall have the same meaning set forth in section two
 7 hundred fourteen-c of the civil practice law and rules.
 8 (b) "toxic substance" shall mean:
 9 (i) any chemical or biological substance that poses a risk to human
 10 health as defined by the commissioner pursuant to section 37-0103 of
 11 this title;
 12 (ii) any substance categorized as toxic or hazardous by the United
 13 States environmental protection agency or the United States agency for
 14 toxic substance and disease registry shall be a hazardous or toxic
 15 substance; and
 16 (iii) any substance not so characterized may be proven to be toxic by
 17 a preponderance of the evidence.
 18 (c) "release" shall mean any intentional or unintentional, permitted
 19 or unpermitted, act or omission that allows a toxic substance to enter
 20 the air, land, surface water, groundwater, or any other place where the
 21 toxic substance may be located.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09317-01-5

 S. 7474 2

 1 (d) "medical monitoring" shall mean a program of medical surveillance,
 2 including medical tests or procedures for the purpose of early detection
 3 of signs or symptoms of latent disease resulting from exposure.
 4 (e) "latent disease" shall mean any condition that negatively affects
 5 human health by causing death or permanent or protracted loss of mental
 6 or physical function which a person has a significantly increased risk
 7 of contracting.
 8 (f) "reasonably necessary" shall mean the standard whereby a physician
 9 would prescribe testing for the purpose of detecting or monitoring the
 10 latent disease.
 11 (g) "person" shall mean an individual, firm, corporation, association,
 12 partnership, consortium, joint venture, commercial entity, federal
 13 government, state, municipality, commission, political subdivision, or
 14 any interstate body.
 15 2. A person with or without a present injury or disease shall have a
 16 cause of action for medical monitoring damages against a person who
 17 released a toxic substance if all of the following are demonstrated by a
 18 preponderance of the evidence:
 19 (a) the person may have been exposed to the toxic substance as a
 20 result of the unauthorized release by the person who released the toxic
 21 substance;
 22 (b) there is a probable link between exposure to the toxic substance
 23 and a latent disease;
 24 (c) the person's exposure to the toxic substance increases the risk of
 25 developing the latent disease, provided that such person shall not be
 26 required to prove that the latent disease is certain or likely to devel-
 27 op as a result of the exposure;
 28 (d) diagnostic testing is reasonably necessary; and
 29 (e) medical tests or procedures exis