April 10, 2002
WHISTLEBLOWER BILL SIGNED INTO LAW
Legislation that will protect health care workers who make public instances
of wrongdoing by health care facilities has been signed into law. The bill,
A.9454, sponsored by Assemblywoman Catherine
Nolan, has passed the Assembly in similar forms for four consecutive years and
was even vetoed once.
This new law will prohibit health care employers from retaliating against their
workers who advocate for patient care by going public with cases of
institutional wrongdoing. The bill establishes a reasonable belief that a law
was violated as basis for protection; uses civil action in courts instead of
administrative remedy; and calls for a fine of up to $10,000 into a special
fund for improving the quality of health care.
"I am grateful to Speaker Silver for his leadership and unwavering support
on this issue. New Yorkers rely on their health care professionals to be
qualified and conscientious," said Nolan. "These workers play a
critical role in ensuring quality health care and must be afforded protections.
I applaud NYSUT, PEF, CSEA and especially the New York State Nurses Association
for their work on this important issue."
ASSEMBLY LABOR COMMITTEE MEETS AGAIN
The Assembly's Labor Committee met for the sixth time this session and acted on
the following legislation. If you have a question about these or any other
bills, please do not hesitate to call Geri Reilly, Committee Counsel and Labor
Liaison at (518) 455-4851.
- A.5027 (Green, Cook) - This bill
would require that employers of four or more employees provide group health
insurance for employees. REPORTED to Codes
- A.7449 (Nolan) - This bill would
provide the Commissioner of Labor with the power to require the posting of
a bond to cover payroll for certain unscrupulous apparel employers. The
bond would be for twice the annual payroll at the discretion of the
Commissioner, or in the sum of $50,000. REPORTED to Codes
- A.3667 (Perry, Canestrari, Colman,
Cook, Nolan) - This bill would amend the general business law to allow
contractors to sue the low bidder awarded a construction contract if that
low bid was awarded based on the misclassification of employees as
independent contractors. REPORTED to Codes
- A.9808 (Nolan, Millman, Lavelle,
Hooper) - This bill would require that workers' compensation policies
assume the cost of treatment for employees exposed to a substance presumed
to be anthrax by local police agencies. Thus treatment could begin before
the definitive test results have been received. REPORTED to the
calendar
- A.9555 (Nolan, Glick) - This bill
would allow domestic partners of those employees injured and covered by
state disability benefits, as of September 11, 2001 to receive survivor
benefits. REPORTED to the calendar
- A.2884 (Clark, Brennan, Colton,
Galef) - This bill would allow those who leave employment due to sexual
and other forms of harassment to receive unemployment insurance benefits.
REPORTED to the calendar
- A.6172 (Nolan, Abbate, Eve, Colton)
- This bill would require the Department of Labor to assist in the creation
of public interest law programs at two accredited law schools in New York
State. REPORTED to Ways & Means
- A.2373 (Tocci, Mayersohn) - This
bill would provide employees with the right to review and correct
information in their personnel file. REPORTED to Codes
- A.8754 (Nolan, Smith, Lavelle,
McLaughlin, Abbate) - This bill would eliminate the cap on the payment
of funeral expenses for police officers killed in the line of duty.
REPORTED to Ways & Means
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