What's happening
This bill amends the law to narrow COVID-19 liability protections for health care providers to only services directly related to COVID-19 cases.
Why it matters
Narrows legal immunity for health care providers. so it only covers actions directly related to diagnosing, treating, or caring for confirmed or suspected COVID-19 cases, rather than broader health care services provided during the emergency.
Removes protection for non-COVID-19 care. , meaning providers can now face liability for harms stemming from non-COVID treatments or procedures, even if those occurred during the pandemic.
Tightens requirements for immunity. by specifying that actions must be in accordance with applicable law or COVID-19 emergency rules, potentially increasing accountability for providers.
May increase avenues for patients to seek legal recourse. for harms unrelated to COVID-19, potentially leading to more lawsuits over non-COVID care during the pandemic period.
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Who cares
Headline styles
Change COVID Health Immunity Rules
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 40
1 Co-sponsor
History
- Substituted by S8835
- Ordered to third reading rules cal.352
- Rules report cal.352
- Reported
- Reported referred to rules
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Change Health Worker Immunity Rules
Signed by Governor · Sponsor Luis R. Sepúlveda
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10840
IN ASSEMBLY
July 20, 2020
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Kim, Gottfried) -- read once and referred to the Committee on Codes
AN ACT to amend the public health law, in relation to amending provisions regarding health care facilities and professionals during the COVID-19 emergency
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 5 of section 3081 of the public health law, as added by section 1 of part GGG of chapter 56 of the laws of 2020, is amended to read as follows:
5. The term "health care services" means services provided by a health care facility or a health care professional, regardless of the location where those services are provided, that relate to:
(a) the diagnosis[, prevention,] or treatment of COVID-19; or
(b) the assessment or care of an individual [with] as it relates to COVID-19, when such individual has a confirmed or suspected case of COVID-19[; or
(c) the care of any other individual who presents at a health care facility or to a health care professional during the period of the COVID-19 emergency declaration].
§ 2. Subdivision 1 of section 3082 of the public health law, as added by section 1 of part GGG of chapter 56 of the laws of 2020, is amended to read as follows:
1. Notwithstanding any law to the contrary, except as provided in subdivision two of this section, any health care facility or health care professional shall have immunity from any liability, civil or criminal, for any harm or damages alleged to have been sustained as a result of an act or omission in the course of [arranging for or] providing health care services, if:
(a) the health care facility or health care professional is [arranging for or] providing health care services in accordance with applicable law, or where appropriate pursuant to a COVID-19 emergency rule [or otherwise in accordance with applicable law];
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16950-06-0
A. 10840 2
(b) the act or omission occurs in the course of [arranging for or] providing health care services and the treatment of the individual is impacted by the health care facility's or health care professional's decisions or activities in response to or as a result of the COVID-19 outbreak and in support of the state's directives; and
(c) the health care facility or health care professional is [arranging for or] providing health care services in good faith.
§ 3. This act shall take effect immediately and shall apply to claims for harm or damages if the act or omission that causes such harm or damage occurred on or after such effective date; provided however this act shall not apply to any act or omission occurring after the expiration of the COVID-19 emergency declaration.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.