New York Gov. Kathy Hochul has vetoed the latest version of a bill to expand the state's wrongful death statute, the third time she has rejected the piece of legislation.

Known as the "Grieving Families Act," the bill would among other things allow family members who lost loved ones to seek compensation for grief and anguish.

This year's version of the bill came with some changes, including narrowing the definition of who can claim compensation, the amount of damages that can be recovered and the lookback window to make a claim. 

Opposition to this year's version pointed to a report from actuarial Milliman that the new bill will have the same economic impact as previous versions, including a 40% increase in medical professional liability premiums. But supporters pointed out Milliman produced a similar report opposing another piece of legislation that extended the statute of limitations for medical malpractice and those projected cost increases did not materialize.

In her veto message, Hochul calls the changes "Well-intentioned," but says they would lead to higher costs, like insurance premiums, and have a negative impact on the health care system, which are concerns echoed by business and health care leaders across the state.

Hochul says more conversations are needed on the bill, and she's open to finding a solution with the legislature.

“While the Legislature and [New York State Trial Lawyers Association] came prepared to find common ground, narrowing the bill again and again, the Governor remained entrenched in the same positions she held on Day One, offering no flexibility or willingness to engage in meaningful compromise," state Trial Lawyers Association President Victoria Wickman said in a statement Friday evening. “How many more families have to suffer without justice before this governor takes action? We are in the midst of an infant and maternal mortality epidemic, yet the governor continues to ignore the urgent need for accountability in health care. This veto is a cruel reminder that Governor Hochul has chosen to prioritize protecting big business over standing with grieving New Yorkers."

The legislation has passed both the state Assembly and state Senate with bipartisan support several times.

“This is a David vs. Goliath battle, and we will continue fighting for justice until the governor prioritizes the needs of New Yorkers,” said state Sen. Brad Hoylman-Sigal, who sponsors the bill. “The myth that improving patient safety raises insurance premiums has been debunked. In fact, this is the most profitable year in history for insurers.

Despite this, Hoylman-Sigal told Spectrum News 1 last week there is no appetite for an effort to override the governor's veto, which requires a two-thirds vote of the Legislature, which is likely present, but veto overrides in Albany are very rare in the modern era.

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