Dear Colleague:
I am in Albany for the last day of legislative session and I wanted to share the good news – minutes ago, the New York State Assembly passed important legislation relating to the rights of neurologically injured children.
A.9835B (Abinanti), if enacted, will ensure that children who were neurologically injured due to medical negligence related to childbirth will receive better care through improved access to the Medical Indemnity Fund's benefits. The bill passed 104 votes to 0.
As reported earlier the Senate passed this bill (S.7873B) as well.
The Medical Indemnity Fund, which has been building up cash at a rate more than $30 million a year, has been shortchanging the children with neurological injuries for whom it was created.
NYSTLA strongly supported this legislation, under which:
- Nursing and other non-doctor healthcare would be reimbursed at usual and customary rates rather than at the low Medicaid rates that made skilled care hard to obtain;
- Families would have the option to go directly to the original trial court to challenge a denial by the MIF administrator of a health expense, rather than start a whole new proceeding;
- The MIF would not be able to deny a qualifying health care cost just because it may also benefit another household member (like a wheelchair ramp being used by a parent with a baby carriage) And,
- The bill would create a consumer and stakeholder workgroup that the Department must consult before adopting any new regulations.
Special thanks to Matthew Gaier of Kramer, Dillof, Livingston and Moore, for his tireless work on this important civil justice initiative.
Sincerely,
Evan M. Goldberg
President
New York State Trial Lawyers Association
For more information please contact NYSTLA’s Legislative Director, Suzanne Mattei, at (212) 349-5890 or email smattei@nystla.org.