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How the Advanced NY Legislation Will Impact Nursing Homes

Jul 24 2020

Originally, the Emergency or Disaster Treatment Protection Act, retroactively effective as of March 7, 2020 implements nursing home immunity from civil or criminal liability for any harm or damages alleged sustained as a result of:

  • an act or omissions for services that related to the diagnosis, prevention or treatment of COVID-19
  • assessment or care of an individual with confirmed or suspected case of COVID-19
  • or the care of any other individual who presents for health services during the period of the COVID-19 emergency declaration.

This immunity does not apply if the harm or damages were caused by an act or omission constituting willful or intentional criminal misconduct, gross negligence, reckless misconduct, or intentional infliction of harm.

However, on July 23, 2020, New York State advanced legislation that would substantially limit health care civil liability immunity. The legislation removed “prevention” from the scope of services subject to immunity. This is significant for nursing homes because it would allow for potential litigation focusing on the measures of prevention a facility took, rather than the care and treatment of the virus.

The legislation is not retroactive, so it does limit the adverse implications. To read the full legislature, please find it here.

If you have any questions or concerns regarding this, please do not hesitate to contact us.

Written by Stotler Hayes · Categorized: COVID-19, New York

Stotler Hayes Group, LLC is a national, boutique law firm focused on optimizing recovery for health care providers through Medicaid, Medicare, private collections, training and education. Our attorneys are licensed in, and represent clients before, federal and state courts and agencies in a majority of states around the country.

In the handful of states where Stotler Hayes Group, LLC does not employ a full-time attorney, referrals are made to local counsel, many of whom we have developed close working relationships with over the years. In those cases, our firm works with local counsel throughout the pendency of the case.

Stotler Hayes Group, LLC,

Principal Office: Pawley’s Island, SC, Phone: 843-235-9871; Fax: 888-497-7390; email: info@stotlerhayes.com

This website is for informational purposes only. Please remember that every case is different. Any result we achieve for one client in one matter does not necessarily indicate similar results can be obtained for other clients.

The attorney responsible for the content of this website is Andrea Kirksey, Esq., Executive Director and General Counsel for Stotler Hayes Group, LLC, 297 Willbrook Boulevard,  Pawley’s Island, South Carolina.

She may be contacted at (843) 235-9871, ext. 1002 or at akirksey@stotlerhayes.com.

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