{"id":209069,"date":"2021-03-23T21:25:01","date_gmt":"2021-03-23T18:25:01","guid":{"rendered":"https:\/\/en.buradabiliyorum.com\/ny-legislature-expected-to-approve-corporate-immunity-repeal-bill\/"},"modified":"2021-03-23T21:25:01","modified_gmt":"2021-03-23T18:25:01","slug":"ny-legislature-expected-to-approve-corporate-immunity-repeal-bill","status":"publish","type":"post","link":"https:\/\/buradabiliyorum.com\/en\/ny-legislature-expected-to-approve-corporate-immunity-repeal-bill\/","title":{"rendered":"#NY legislature expected to approve corporate immunity repeal bill"},"content":{"rendered":"

“#NY legislature expected to app<\/a>rove corporate immunity repeal bill<\/strong>”<\/p>\n

\n

ALBANY \u2014 The state Legislature is expected to give final approval to a bill later this week that would repeal a controversial law\u00a0shielding nursing homes and hospitals\u00a0from medical malpractice lawsuits tied to the coronavirus pandemic.<\/p>\n

The measure would roll back the \u2018Emergency or Disaster Treatment Protection Act\u2019 \u2014 passed within last year\u2019s omnibus\u00a0$177 billion state budget\u00a0\u2014 that granted health care facilities and medical professionals liability immunity from negligence suits, specifically related to treating or arranging the treatment of COVID-19 patients.<\/p>\n

The legislation \u2014 sponsored by state Sen. Alessandra Biaggi (D-The Bronx) and Assemblyman Ron Kim (D-Queens) \u2014\u00a0cleared\u00a0the Assembly earlier this month and is expected to pass the Senate later this week.\u00a0<\/p>\n

The move comes amid an\u00a0FBI probe\u00a0into Gov. Andrew\u00a0Cuomo\u2019s handling of the deadly virus in nursing homes and has become a focus of federal investigators in recent weeks.\u00a0<\/p>\n

\u201cThe corporate immunity provision was a license to kill,\u201d Biaggi, who has sponsored a\u00a0similar repeal measure\u00a0in the past, told The Post.<\/p>\n

\"nursing
13,514 nursing home residents have died of confirmed or presumed COVID-19 cases either in facilities or after being transferred to hospitals.<\/figcaption>
AP<\/span><\/figcaption><\/figure>\n

\u201cWe know that at least 15,000 people have died in nursing homes [and adult care facilities], because of COVID-19 in New York and at least 4,000 people passed away in the early months of the pandemic.\u201d<\/p>\n

The current protections prohibit\u00a0family members\u00a0that lost loved ones from suing facilities unless they can prove a high standard of gross negligence.<\/p>\n

To date, 13,514 nursing home residents have died of confirmed or presumed COVID-19 cases either in facilities or after being transferred to hospitals, according to the latest state data released March 21.\u00a0<\/p>\n

The provision\u2019s initial inclusion was backed by the state\u2019s powerful hospital lobby group \u2014 the Greater New York Hospital Association \u2014 which cheered its passing within a day of the budget\u2019s approval in a press release and took some credit for the final language.<\/p>\n

An association spokesman told The Post the group opposes Biaggi\u2019s bill.<\/p>\n

\u201cWe continue to believe, given the extraordinarily challenging circumstances facing hospitals and other providers during this pandemic, that it is right to protect health care facilities and their staff from liability except in cases of gross negligence and intentional wrongdoing,\u201d spokesman Brian Conway said, adding that it\u2019s \u201ccommon practice\u201d for organizations to submit draft language to the state and advocate on its behalf.<\/p>\n

\u201cOur communications with the state on this issue included submitting immunity language for consideration by the governor\u2019s office and the state Legislature \u2026 Our primary advocacy focus was on protecting hospitals and their staff. The final version that passed in April differed in certain significant respects from our proposed language.\u201d<\/p>\n

\"Theresa
Theresa Sari, left, and her daughter Leila Ali look at a section of a memorial wall after a news<\/a> conference in New York.<\/figcaption>
AP<\/span><\/figcaption><\/figure>\n

State Health Commissioner Howard Zucker defended the measure during a recent budget hearing, admitted some changes could be made \u2014 but has insisted he doesn\u2019t regret backing the provision at the start of the pandemic.<\/p>\n

Biaggi said lawmakers need to \u201cput the pressure\u201d on the governor again.<\/p>\n

\u201cNow we know better and he knows better and he\u2019s still saying that he would have done it again,\u201d Biaggi said.<\/p>\n

\u201cThere\u2019s multiple investigations into the handling of nursing homes\u00a0which have pointed to corporate immunity, the Attorney General<\/a>\u2019s report also touched on it \u2026 Federal prosecutors are looking into how the protections were formed. They knew what they were doing.\u201d<\/p>\n

Meanwhile, the state Senate is also expected to pass additional nursing home reform legislation including:<\/p>\n

\u00b7 A bill sponsored by Sen. Gustavo Rivera (D-The Bronx) would change the state Health Department\u2019s review process for approving when nursing homes seek an ownership or operator change<\/p>\n

\u00b7\u00a0A measure sponsored by Sen. Rachel May (D-Syracuse) mandating that facilities display information about the long-term care ombudsman in addition to resident rights translated into multiple languages<\/p>\n

\u201cThe tragic situation in nursing homes during the COVID-19 pandemic has exposed a dire need to guarantee greater transparency and accountability,\u201d Senate Majority Leader Andrea Stewart-Cousins (D-Westchester) said in a statement.<\/p>\n

\u201cThis legislation, in addition to the nursing home-related reforms recently advanced by the Senate Democratic Majority, continues our strong commitment to prioritizing the wellbeing, rights, and needs of residents and their families.\u201d<\/p>\n

\"nursing
The legislation cleared the Assembly earlier this month and is expected to pass the Senate later this week.<\/figcaption>
AP<\/span><\/figcaption><\/figure>\n

Cuomo\u00a0has also proposed his own group of nursing home legislation, which he has said he wants included in the state budget, but both legislative chambers beat him to it,\u00a0passing\u00a0their own packages of long term care reform legislation several weeks ago.<\/p>\n

Once passed the state Senate, the corporate immunity repeal bill must be signed or vetoed by\u00a0Cuomo. A representative for his office was not available for immedia<\/a>te comment.\n <\/p><\/div>\n

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Source<\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

“#NY legislature expected to approve corporate immunity repeal bill” ALBANY \u2014 The state Legislature is expected to give final approval to a bill later this week that would repeal a controversial law\u00a0shielding nursing homes and hospitals\u00a0from medical malpractice lawsuits tied to the coronavirus pandemic. The measure would roll back the \u2018Emergency or Disaster Treatment Protection…<\/p>\n","protected":false},"author":1,"featured_media":209070,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"https:\/\/nypost.com\/wp-content\/uploads\/sites\/2\/2021\/03\/nursing-home-liability-4.jpg?quality=90&strip=all&w=1200","fifu_image_alt":"","footnotes":""},"categories":[70897],"tags":[98914,70430,70344,72219,42160],"class_list":["post-209069","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","tag-3-23-21","tag-andrew-cuomo","tag-coronavirus-in-ny","tag-immunity","tag-nursing-homes"],"_links":{"self":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/209069","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/comments?post=209069"}],"version-history":[{"count":0,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/209069\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media\/209070"}],"wp:attachment":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media?parent=209069"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/categories?post=209069"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/tags?post=209069"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}