CPLR § 306-C

Notice of commencement of action for personal injuries by recipient of medical assistance

§ 306-c. Notice of commencement of action for personal injuries by recipient of medical assistance. In the case of an individual who has suffered personal injuries and has received medical assistance pursuant to titles eleven and eleven-D of article five of the social services law on or after the date of such injury, notice of the commencement of an action by or on behalf of such individual for such personal injuries shall be sent to the social services district in the county in which such recipient resides, or to the department of health, by certified mail, return receipt requested, or electronically in accord with regulations promulgated by the commissioner of the department of health, within sixty days of the completion of service upon all parties to such action. Proof of sending such notice shall be filed with the court in accordance with rule three hundred six of this article. Sending such notice shall not be a jurisdictional requirement to commencing an action.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/306-C

In plain English

If the plaintiff received medical assistance (Medicaid) on/after the injury date, notice of the action must be sent to the local social services district or the Department of Health by certified mail return receipt (or electronically) within 60 days after service on all parties is complete. Proof filed per Rule 306. ★ It is not a jurisdictional requirement.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.