New Law Amends COVID-19 Immunity Provisions Relating to Health Care Facilities and Professionals’ Liability
On Aug. 3rd, Governor Cuomo signed into law legislation (A.10840/S.8835) amending the COVID-19 immunity provisions relating to health care facilities and professionals’ liability during the COVID-19 emergency.
The State Budget passed earlier this year included immunity from liability for individual health care providers, hospitals, and nursing homes for the arranging or providing of health care services which relate to: (1) the diagnosis, prevention, or treatment of COVID-19; (2) the assessment or care of an individual with a confirmed or suspected case of COVID-19; or (3) the care of any other person by a health care provider, nursing home, or hospital, and the treatment of the individual is impacted by the providers’ decisions or activities in response to or as a result of the COVID-19 emergency.
The new law narrows the scope of immunity in four ways. Last week, LeadingAge NY general counsel Hinman Straub shared a comprehensive memo reviewing the amended law.
The amendments made to the original legislation take effect immediately, and the changes only apply prospectively. Thus, the broader immunity protections relating to actions which occurred prior to Aug. 3rd will remain in effect.
Contact: Sarah Daly, sdaly@leadingageny.org, 518-867-8845