Clock starts for a decision on ‘Grieving Families Act’

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By Katelyn Cordero and Maya Kaufman

Beat Memo

Gov. Kathy Hochul now has until Christmas Eve to decide on the highly contentious Grieving Families Act, a bill to expand the state’s wrongful death statute.

The bill was sent Thursday to Hochul’s desk, igniting last-minute public pressure campaigns by both advocates and opponents of the measure.

The legislation would allow the families of victims to seek compensation for the emotional impact of wrongful death cases, updating a statute that dates back to 1847.

Hochul vetoed two prior versions of the legislation, citing concerns about increased insurance costs. Hochul indicated on Friday, to reporters, that while she is reviewing the legislation some of her concerns persist.

​​"There is a concern about the impacts that have not been properly studied, they have not achieved that," Hochul said. "But it's still being looked at as we speak."

The Democratic governor said the law would increase insurance premiums, mirroring her previous concerns.

Bill sponsors state Sen. Brad Hoylman-Sigal and Assemblymember Helene Weinstein narrowed the legislation’s scope in response to Hochul’s stated concerns, and the bill again passed with bipartisan support in both chambers earlier this year.

“I am hopeful that the governor sees the wisdom in coming to the table and recognizes the urgent need to update the outdated and discriminatory wrongful death law,” Holyman-Sigal said in a statement.

But its opponents, which include hospitals and physicians, say the latest version still risks sending their medical malpractice premiums skyrocketing.

“This bill is not in New Yorkers’ best interests,” Bea Grause, president of the Healthcare Association of New York State, said in a statement Thursday. “High malpractice costs, health care workforce shortages and patient access limitations already challenge New York state. Allowing for unlimited wrongful death damages would make it more difficult to recruit and retain providers, make it harder for New Yorkers to access care and exacerbate existing health inequities, all while increasing costs.”

IN OTHER NEWS:

The state Office of Mental Health on Friday announced the launch of “Be Well,” a statewide public awareness campaign centered on mental wellness. The $1.9 million, state-funded campaign includes a new website with links to self-care resources and information on the impact of stress and trauma on the body.

“Managing stress and anxiety is every bit as important and transformative to mental health as eating right and exercising can be for our physical health,” OMH Commissioner Ann Sullivan said in a statement. “The Be Well campaign will help New Yorkers recognize the critical role that mental well-being plays in their lives, why it is important to reduce stress and address trauma, and the strategies they can employ to accomplish this goal.”

ON THE AGENDA:

Thursday, 11 a.m. to 1 p.m. The Medicaid Managed Care Advisory Review Panel meets.

Thursday at 3 p.m. NYC Health + Hospitals’ board of directors meets.

MAKING ROUNDS:

David Lubarsky has been named the next president and CEO of the Westchester Medical Center Health Network, effective Feb. 17. Lubarsky currently serves as vice chancellor of human health sciences and CEO of UC Davis Health. He will succeed Michael D. Israel, who announced retirement plans earlier this year.

GOT TIPS? Send story ideas and feedback to Maya Kaufman at mkaufman@politico.com and Katelyn Cordero at kcordero@politico.com.

 

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What you may have missed

David Berger, CEO of University Hospital at SUNY Downstate Health Sciences University, submitted his resignation Wednesday amid an investigation into an allegation of financial misconduct during his leadership of the cash-strapped institution, POLITICO’s Maya Kaufman and Katelyn Cordero reported.

Gov. Kathy Hochul said her administration is working closely with SUNY to ensure the hospital has the support it needs to maintain normal operations during the search for a permanent replacement.

Patricia Winston is serving as Downstate’s CEO in the interim. Berger will serve as a senior adviser to the hospital for 30 days to aid in the leadership transition, state university officials previously said.

“I have made clear that my Administration has no tolerance for any form of unethical conduct, and I immediately directed SUNY to restructure leadership at University Hospital after I was briefed on the situation,” Hochul said in a statement through a spokesperson. “Moving forward, I want to reassure the community that the hospital is in responsible hands and will be under enhanced oversight by SUNY during this transition period.”

A SUNY spokesperson said the system does not comment “on individual personnel.”

Berger’s resignation follows almost a year of controversy over a plan advanced by Hochul’s administration and SUNY executives to transform the Brooklyn safety-net hospital, which has suffered recurring financial losses.

State lawmakers struck a deal with Hochul earlier this year to convene an advisory board to issue recommendations on how to best transform the hospital. The board held its first meeting last week.

ODDS AND ENDS

NOW WE KNOW — The suspect in the UnitedHealthcare CEO Brian Thompson shooting was not enrolled in health coverage through the company.

TODAY’S TIP — What you need to know about the debate surrounding fluoride.

WHAT WE'RE READING

Some nurses are displeased with the union holding up an Albany Med contract. (Times Union)

Robert F. Kennedy Jr.’s lawyer asked the FDA to revoke approval of the polio vaccine. (The New York Times)

A Coast Guard commander miscarried, then nearly died after being denied care. (ProPublica)

 

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Lawmakers consider the prior authorization provisions for the year-end health package, via Daniel Payne.

Via Ruth Reader: The government can’t ensure artificial intelligence is safe. This man says he can.

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