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August 04, 2020

Health Law Daily

New York Limits Legal Immunity For Nursing Homes, Hospitals

  • August 04, 2020

The AP (8/3, Villeneuve) reports, “Nursing homes and hospitals in New York can once again be held liable in lawsuits and criminal prosecutions for care provided to patients not being treated for COVID-19 under a law signed by Gov. Andrew Cuomo Monday.” Previously, “nursing homes, hospitals and other health care facilities were granted a broad legal shield to fend off lawsuits and criminal prosecutions over care provided to all patients during the pandemic in an April state budget provision that Cuomo and lawmakers approved and well-heeled hospital lobbyists said they drafted.”
      Bloomberg Law (8/4, Clukey, Subscription Publication) reports that the measure “(S.8835/A.10840) clarifies the original intent of a law known as the ‘Emergency or Disaster Treatment Protection Act,’ ensuring that temporary immunity related to the injury or death of patients is only granted to health-care professionals who are providing actual care and treatment related to [COVID-19].”