News & Updates....

Governor Signs Anti-Subrogation Law

NYSTLA achieved an extraordinary legislative victory when Governor Paterson signed into effect new General Obligations Law §5-335 on November 12, 2009. This law now bars any benefit provider, such as an HMO or private health insurer, from seeking any reimbursement or subrogation against any settling party to a personal injury or wrongful death action with respect to benefits it may have paid or is obligated to pay. The only exceptions are for claims for which there is a statutory right of reimbursement (e.g., Medicaid, Medicare, workers' compensation) and subrogation claims to recover excess no-fault benefits.

This new law directly overrules two problematic Court of Appeals decisions, Teichman v. Community Hosp. Of Western Suffolk, 87 N.Y.2d 514 (1996), and Fasso v. Doerr, 12 N.Y.3d 80 (2009), to the extent they recognized non-statutory rights for reimbursement or subrogation against a settling party.

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President Richard Binko Testifies at Patient Safety Hearing

NYSTLA President Richard Binko testified before the Joint Senate and Assembly Standing Committees on Health on October 19, 2009 to discuss improving patient safety and the effectiveness of the New York Patient Occurrence and Tracking System (NYPORTS). President Binko testified about the disturbing frequency of medical errors in New York State and across the nation and the detrimental effects of underreporting and lax enforcement in hospitals. President Binko cited a number of leading government and consumer group studies showing the frequency, severity and costs of medical errors, as well as the deeply personal costs to victims and their families. In addition to statements by government agencies and health care associations, consumer organizations including the Center for Medical Consumers and Consumers Union also provided testimony.


Binko testifying at the Committee Hearing on patient safety


Governor David Paterson & Congressmember Jerrold Nadler Address NYSTLA Board of Directors

Governor David Paterson and Congressmember Jerrold Nadler, a member of the House Judiciary Committee and Chair of the Constitution, Civil Rights, and Civil Liberties Subcommittee, met with members of NYSTLA's board of Directors on Monday, October 5 to discuss current legislative proposals in Albany and Washington, D.C.


President Richard Binko with Governor Paterson and Immediate Past President Nick Papain with Congressmember Nadler.


Labor Law Symposium with Assembly Labor Committee Chair Susan John

Susan John, Chair of the Assembly Labor Committee, along with representatives from local organized labor, met with NYSTLA's Labor Law Committee on Monday, October 5 discuss new legislative challenges to Labor Law § 240 & 241 and NYSTLA's efforts to combat these measures.


NYSTLA Labor Law Committee Co-Chair Daniel O'Toole and Assemblymember John

The Labor Law's protections are indispensable to New York workers, particularly as the number of construction related accidents and deaths soar across the State. The New York City Department of Buildings recently reported a 40% increase in construction accidents over the last year. The Labor Law is more important to the workers in New York State than it has ever been.

If you would like to join with NYSTLA to protect worker safety, please contact Legislative Director Tara Lai Quinlan at 212-349-5890 or tquinlan@nystla.org


Membership Outreach Campaign

Thank you to those who participated in NYSTLA's membership outreach campaign event on September 15th. NYSTLA's voice is only as loud as the size of our membership and we will continue to build on the past year's growth.

Save the date for our next membership outreach event on November 2nd from 11am – 4pm at NYSTLA's office. For more information please contact Amanda Widom at 212-349-5890 or awidom@nystla.org


NYSTLA Officers and members making membership outreach calls


U.S. Senator Kirsten Gillibrand Speaks to NYSTLA Board of Directors

Senator Kirsten Gillibrand visited NYSTLA's Board of Directors meeting on Tuesday, September 15th to give an update on politics and legislation in Washington, D.C.


Senator Gillibrand and NYSTLA President Richard Binko


Legislative Victory

NYSTLA is proud to announce that the New York State Senate voted to pass a mandate relief bill, S.6068 (Sampson), on July 17th, 2009, which includes an anti-subrogation provision. This is a major victory for the civil justice system and injured New Yorkers. The anti-subrogation provision amends the general obligations law to protect all settling plaintiffs and defendants in a personal injury action from certain unwarranted reimbursement and subrogation claims.

This bill will remedy recent, ill-advised Court of Appeals decisions such as Teichman v. Community Hosp. of Western Suffolk , 87 N.Y.2d 514 (1996), and Fasso v. Doerr, 12 N.Y.3d 80 (Feb. 24, 2009). These decisions incorrectly opened the door to benefits providers, such as health insurers, "double-dipping" by seeking reimbursement from settling defendants who have caused personal injuries to a plaintiff who has health insurance.


S. 6068 - Bill Text
 


Installation 2009

Over 150 guests attended NYSTLA's 2009 Installation of our new president, Richard S. Binko, on June 25th 2009 in Buffalo, NY. The Honorable Eugene F. Pigott, Jr. conducted the swearing in and the Mayor of Buffalo, Byron Brown, was the featured speaker.


Incoming NYSTLA president Richard S. Binko presenting the President's Award to outgoing president Nicholas Papain.


Richard S. Binko being sworn in by Judge Eugene F. Pigott, Jr.


President-Elect Nicholas Timko and the Mayor of Buffalo, Byron Brown.