What's happening
This bill narrows liability protections for health care providers to only actions directly related to diagnosing or treating COVID-19 patients during the emergency.
Why it matters
Narrows legal immunity for health care providers. to only those actions that are directly related to diagnosing or treating patients with confirmed or suspected COVID-19, rather than broader activities during the emergency.
Removes protection for non-COVID-19-related care. , meaning health care facilities and professionals may now face liability for harms arising from care provided to patients who do not have, or are not suspected to have, COVID-19 during the emergency.
Potentially increases accountability. for health care providers by excluding acts like general prevention, routine care, or emergency triage for non-COVID-19 cases from immunity, which could encourage greater diligence in non-COVID-19 medical services during emergencies.
Limits retroactive and future immunity. so that only acts or omissions occurring on or after the law's effective date—and only while the COVID-19 emergency is in effect—are covered, possibly leading to more lawsuits for incidents outside these parameters.
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Who cares
Headline styles
Change Health Worker Immunity Rules
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
No co-sponsors yet.
History
- Signed chap.134
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.352
- Substituted for A10840
- Referred to codes
- Delivered to assembly
- Passed senateVote 45–15
- Ordered to third reading cal.1033
- Referred to rules
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 COVID Health Immunity Rules
Assembly Floor Calendar · Sponsor Ron Kim
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8835
IN SENATE
July 20, 2020
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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
S. 8835 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.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to amending provisions regarding health care facilities and professionals during the COVID-19 emergency
Purpose
To limit immunity granted in the 2020-21 Adopted budget to health care professionals that are providing diagnosis and treatment of COVID-19 directly to confirmed and suspected COVID-19 patients.'
Summary of provisions
Section 1 of the bill amends the definition of "health care services" that are eligible for immunity from liability by removing "prevention" of COVID-19 from the definition of health care services; clarifying that the immunity applies to the assessment or care of an individual as it relates to COVID-19; and removes 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 from the defi- nition of "health care services."
Section two of the bill removes from immunity, protections when a health care facility or health care professional is "arranging for" health care services.
Section three of the bill provides the effective date of immediately.
Justification
Part GGG of the 2020-21 Adopted Budget ELFA bill enacted the "Emergency or Disaster Treatment Protection Act" that provides liability protections for health care facilities and medical professionals that treat, or arrange for treatment of COVID-19 patients, and any other individual who sought health care services during the COVID-19 emergency declaration. This limited protection, as created by Part GGG, applies if the healthcare facility or healthcare professional complies with all other applicable law and directives and the treatment of the individual is impacted by the facility or healthcare professional's response to COVID-19. The protection does not cover gross negligence, intentional criminal or reckless misconduct, or intentional infliction of emotional distress.
This bill seeks to further narrow the scope of these liability protections to apply only when a health care facility or medical profes- sional is providing direct care related to the diagnosis or treatment of COVID-19 and the care is impacted by COVID-19.
This bill attempts to move forward from the uncertainty that faced the state from the impact of COVID-19 in late March. This bill is only a first step, however, and we must take further action to hold to account any malfeasance that occurred during the height of the COVID-19 crisis. We must continue to make adjustments to the State's response to the COVID-19 outbreak to make our healthcare system more resilient and responsive to the needs of our residents in this, and future, public health crises. To that end, the Legislature will hold multiple joint hearings on the subject, including an examination of the fatalities in residential health care facilities and the impact of COVID-19 on hospi- tals. The Legislature must use what we learn in these hearings to take further action.
Legislative history
New bill
Fiscal implications
None
Effective date
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.