Date of Discovery Legislation Compromise

January 28, 2018 - Agreement reached by Governor, Senate and Assembly on amended Date of Discovery bill expected to pass today or tomorrow. The Governor is then expected to sign both the original legislation and the chapter amendments.

The governor's office worked with representatives from the Greater New York Hospital Association and the Healthcare Association of New York State on chapter amendments to make the bill more palatable. The largest health industry concern, one that is addressed in this compromise, was that the bill allows patients to sue for a missed diagnosis occurring up to seven years previous. Lobbyists representing hospitals and physicians also felt the language of the bill left open the possibility that it could apply to more than just a missed cancer diagnosis. The chapter amendments address the health care communities' largest concerns, according to memos from both GNYHA and HANYS.

The provisions of the chapter amendment bill are as follows:

• Clarifies that the bill only applies to cancer diagnosis.
• The new version no longer allows patients to revive expired claims that occurred up to seven years prior to the effective date of the bill.
• The bill is effective immediately upon the signature of the Governor. A suit may be filed two and a half years from the date of discovery. Claims can be filed up to 7 years from  the date of the alleged negligent act or omission.
• If a claim expired in the last 10 months, a claimant would have 6 months to bring a suit.