New York A 5590: Relates to providing certain relief for persons who are victims of identity theft

Bill Text

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A05590 Summary:

BILL NOA05590 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORButtenschon

&nbsp

COSPNSRSayegh, Santabarbara, Griffin, Slater

&nbsp

MLTSPNSR

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Amd §§2999-h & 2999-j, add §2999-k, Pub Health L

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Provides medical indemnity fund reimbursement for care provided by a family member certified as a complex care assistant; directs the commissioner of health to develop a certification process for individuals as complex care assistants.

Go to top A05590 Actions:

BILL NOA05590 

&nbsp

02/18/2025referred to health

01/07/2026referred to health

Go to topA05590 Committee&nbspVotes:

Go to topA05590 Floor&nbspVotes:

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

Go to topA05590 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5590

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 18, 2025
 ___________

 Introduced by M. of A. BUTTENSCHON -- read once and referred to the
 Committee on Health

 AN ACT to amend the public health law, in relation to providing medical
 indemnity fund reimbursement for care provided by a family member
 certified as a complex care assistant

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

 1 Section 1. Section 2999-h of the public health law, as amended by
 2 chapter 112 of the laws of 2023, is amended to read as follows:
 3 § 2999-h. Definitions. As used in this title, unless the context or
 4 subject matter requires otherwise:
 5 1. "Activities of daily living" means basic personal everyday activ-
 6 ities, including, but not limited to, tasks such as eating, toileting,
 7 grooming, dressing, bathing, and transferring.
 8 2. "Birth-related neurological injury" means an injury to the brain or
 9 spinal cord of a live infant caused by the deprivation of oxygen or
 10 mechanical injury occurring in the course of labor, delivery or resusci-
 11 tation, or by other medical services provided or not provided during
 12 delivery admission, that rendered the infant with a permanent and
 13 substantial motor impairment or with a developmental disability as that
 14 term is defined by section 1.03 of the mental hygiene law, or both. This
 15 definition shall apply to live births only.
 16 [2.] 3. "Complex care assistant" means a family member who is certi-
 17 fied by the department to care for a qualified plaintiff under section
 18 twenty-nine hundred ninety-nine-k of this title.
 19 4. "Family member" means a child, parent, parent-in-law, sibling,
 20 grandparent, grandchild, spouse, domestic partner, or one partner in a
 21 civil union couple, or any other individual related by blood, and any
 22 other individual with a close association to a qualified plaintiff that
 23 is the equivalent of a family relationship.
 24 5. "Fund" means the New York state medical indemnity fund.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09673-01-5

 A. 5590 2

 1 [3.] 6. "Qualifying health care costs" means the future medical,
 2 hospital, surgical, nursing, dental, rehabilitation, habilitation,
 3 respite, custodial, durable medical equipment, home modifications,
 4 assistive technology, vehicle modifications, transportation for purposes
 5 of health care related appointments, prescription and non-prescription
 6 medications, assistance with activities of daily living, and other
 7 health care costs actually incurred for services rendered to and
 8 supplies utilized by qualified plaintiffs, which are necessary to meet
 9 their health care needs, as determined by their treating physicians,
 10 physician assistants, or nurse practitioners and as otherwise defined by
 11 the commissioner in regulation.
 12 [4.] 7. "Qualified plaintiff" means every plaintiff or claimant who:
 13 (a) (i) has been found by a jury or court to have sustained a birth-re-
 14 lated neurological injury as the result of medical malpractice[,]; or
 15 (ii) has sustained a birth-related neurological injury as the result of
 16 alleged medical malpractice, and has settled [his or her] such
 17 plaintiff's or claimant's lawsuit or claim therefor; and [(iii)] (b) has
 18 been ordered to be enrolled in the fund by a court in New York state.
 19 § 2. The public health law is a