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May 04, 2020

Health Law Daily

Long-Term Care Industry Seeks Protection From Lawsuits During Pandemic

  • May 04, 2020

The AP (5/3, Condon) reports, “Faced with 20,000 coronavirus deaths and counting, the nation’s nursing homes are pushing back against a potential flood of lawsuits with a sweeping lobbying effort to get states to grant them emergency protection from claims of inadequate care.” There have been “at least 15 states” that “have enacted laws or governors’ orders that explicitly or apparently provide nursing homes and long-term care facilities some protection from lawsuits arising from the crisis.” The industry is campaigning “to get other states on board with a simple argument: This was an unprecedented crisis and nursing homes should not be liable for events beyond their control, such as shortages of protective equipment and testing, shifting directives from authorities, and sicknesses that have decimated staffs.”