Will Hochul veto the Grieving Families Act for a third time?

For the third year in a row, Gov. Kathy Hochul is considering a bill approved in a bipartisan fashion that would drastically change New York’s wrongful death law. Hochul has already vetoed the bill twice, and despite numerous changes to the legislation meant to address her concerns, opposition to the measure remains strong, and the governor has not given any indication that she’ll sign the bill this year.

The twice-vetoed legislation seeks to update the state’s nearly 180-year-old wrongful death statute to permit families to sue for emotional damages when a loved one dies. Right now, they can only get compensatory damages like lost wages. New York is currently one of just two states that does not allow people to sue for emotional damages in wrongful death cases.

Hochul has rejected the bill twice, both times citing the potential for “unintended consequences,” increased insurance premiums for New Yorkers and concern over the fiscal well-being of health care facilities in the state. Bill sponsors state Sen. Brad Hoylman-Sigal and Assembly Member Helene Weinstein have made a number of changes to the bill in response to Hochul’s concerns: narrowing its scope, limiting the family members eligible to sue for emotional damages and reducing its retroactive provisions. 

For Weinstein, who is retiring at the end of the month, this is the last opportunity for the bill she has carried for 30 years to become law. “It’s a pared down version that we have, hoping that we can get a resolution before the end of the year,” Weinstein told City & State. Hoylman-Sigal told City & State that despite time running out for action – Hochul technically has until the end of the year to sign or veto the measure, but that could extend a month into the new year – “discussions have not begun in earnest” with the executive chamber on the fate of the bill. He said that “some outreach” has occurred, but no talk of chapter amendments or similar debates have started. Before both previous vetoes, Hochul had presented lawmakers with gutted versions of the measure as a compromise, which they rejected.

Hoylman-Sigal described updating the state’s wrongful death law as “one of the most important civil rights issues” in New York in recent years. All three times the bill passed in the Legislature, it did so with broad bipartisan support, and he said that it’s now on the governor to approach lawmakers with a counterproposal. “I am hopeful that the governor sees the wisdom in coming to the table as soon as possible to hammer out a deal,” Hoylman-Sigal said.

The measure’s proponents are also hoping that the governor will act differently than in past years. "New York’s inequitable and discriminatory wrongful death law, stuck in 1847, is long overdue for reform,” said Victoria Wickman, president of the New York State Trial Lawyers Association. “After addressing every concern from Gov. Hochul, the 2024 Grieving Families Act is now set for her signature – a crucial step toward justice in a deeply flawed system.” 

Despite the changes, the legislation still faces opposition from insurance providers, who would stand to pay more in settlements, as well as hospitals, who could face pricier malpractice lawsuits under the proposed law. The Greater New York Hospital Association has long been one of the staunchest opponents to the bill, and that hasn’t changed despite the various changes. The group said that New York doctors and hospitals already pay very high insurance rates due to a “uniquely hostile” environment of liability in the state. “Under this bill, those costs would become untenable and spur more doctors to leave New York to practice elsewhere,” said Brian Conway, a spokesperson for the group. “That would be a major setback for a state already struggling with a chronic health care staffing shortage, and one that prides itself on expanding health care access and delivering high-quality care.”

The hospital association sent a memo of opposition in July to the governor’s office, laying out its ongoing concerns with the legislation. It cited a study from an actuarial firm it commissioned which concluded that the legislation – even with the latest changes – would increase medical liability premiums by 40%. The memo was addressed to Liz Fine, who at the time was Hochul’s counsel. But Fine left the administration this fall and a new lawyer, Brian Mahanna, took her place as Hochul’s lead policy guru. Both opponents and proponents of the Grieving Families Act now have to make their case to a new top adviser, whose position on the legislation is unknown. 

Proponents of the legislation take issue with the study commissioned by the Greater New York Hospital Association, pointing to past predictions the same firm made about a 2017 law that subsequent data has not borne out. The bill’s supporters also cited data from Illinois, which updated its wrongful death law in 2007, showing that both malpractice premiums and losses incurred dropped since the law took effect.

A coalition of business, insurance and other groups sent a letter to Hochul in October urging her to veto the bill again. “Although the Legislature amended the bill, the current proposal fails to address the issues laid out in your previous veto memos,” the letter reads. “It also does nothing to address the concerns of those who oppose the bill, including the State Budget Office.” 

The letter also framed the issue as one concerning affordability, which has been top of mind for the governor – especially since the election. On Monday, Hochul announced her first State of the State proposal to send billions in rebates directly to New Yorkers, a step she hopes will help low and middle income residents struggling with increased costs due to inflation. It’s likely that affordability will be a key focus of Hochul’s 2025 agenda.

At the start of the year, Hochul expressed a willingness to try again to find compromise and work with lawmakers to approve a version of the legislation. But her current position on the measure is unclear as the new year approaches. A spokesperson for Hochul said that she is reviewing the legislation.