Bill > S07474

This bill establishes a new legal mechanism allowing individuals to seek medical monitoring damages if they have been potentially exposed to toxic substances, even if they do not currently have a diagnosed illness. The bill defines key terms like "toxic substance" (which includes chemicals or substances deemed hazardous by federal agencies), "medical monitoring" (medical tests to detect early signs of latent disease), and "latent disease" (a condition that negatively impacts health with a significantly increased risk of occurrence). To qualify for a medical monitoring cause of action, a plaintiff must demonstrate: (1) potential exposure to a toxic substance through an unauthorized release, (2) a probable link between the exposure and a potential latent disease, (3) an increased risk of developing the disease, (4) that diagnostic testing is reasonably necessary, and (5) that medical tests exist to detect the potential disease. The bill explicitly allows this to be pursued as a class action and does not prevent individuals from seeking additional damages if the latent disease actually manifests. Importantly, plaintiffs do not need to prove that the disease is certain to develop, only that there is an increased risk. The bill also establishes a statute of limitations for filing such claims, allowing plaintiffs to file within the period specified in existing law or within one year of the bill's effective date.

Agriculture and Natural Resources

https://www.nysenate.gov/legislation/bills/2025/S7474