{"id":31769,"date":"2020-07-22T02:01:00","date_gmt":"2020-07-21T23:01:00","guid":{"rendered":"https:\/\/en.buradabiliyorum.com\/ny-bill-would-rollback-covid-19-liability-protection-for-hospitals-nursing-homes\/"},"modified":"2020-07-22T02:01:00","modified_gmt":"2020-07-21T23:01:00","slug":"ny-bill-would-rollback-covid-19-liability-protection-for-hospitals-nursing-homes","status":"publish","type":"post","link":"https:\/\/buradabiliyorum.com\/en\/ny-bill-would-rollback-covid-19-liability-protection-for-hospitals-nursing-homes\/","title":{"rendered":"#NY bill would rollback COVID-19 liability protection for hospitals, nursing homes"},"content":{"rendered":"

“#NY bill would rollback COVID-19 liability protection for hospitals, nursing homes<\/strong>”<\/p>\n

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July 21, 2020 |<\/span> 7:01pm <\/p>\n

\n ALBANY \u2014 Democratic state lawmakers are considering legislation this week that would partially rollback generous lawsuit liability protections for hospitals and nursing homes related to the coronavirus crisis, The Post has learned.<\/p>\n

Legislative leaders in the state Senate and Assembly introduced a bill late Monday night that if passed, would remove immunity protections for healthcare facilities and personnel treating patients that haven\u2019t been diagnosed with COVID-19.<\/p>\n

Protections would remain however when treating patients diagnosed with and being treated for the virus.<\/p>\n

The Legislature originally voted on and passed the measure within the state\u2019s omnibus $177 billion state budget in April.<\/p>\n

Drawing heavy support from the hospital and nursing home industry, the \u201cEmergency or Disaster Treatment Protection Act\u201d granted immunity protections for all healthcare facilities and medical professionals that treated, or arranged for treatment of COVID-19 patients, and any other individual who sought health care services during the COVID-19 emergency declaration.<\/p>\n

However, the provision came under the microscope in the light of the state\u2019s massive death toll in nursing homes related to the virus \u2014 which have now skyrocketed to upwards of 6,300 lives lost per state records.<\/p>\n

Family members that have loved ones who died in facilities cannot sue unless they can prove a high standard of gross negligence occurred.<\/p>\n

Bill sponsor Assemblyman Ron Kim (D-Queens) \u2014 a nursing home advocate \u2014 told The Post the legislation in its current form does not go far enough, and is pushing for a full, retroactive repeal of immunity protections going back to the pandemic\u2019s start.<\/p>\n

\u201cI think it\u2019s a good first step in admitting the original protections passed were wrong, but if it doesn\u2019t go retroactively then it doesn\u2019t provide justice for the people that are in the most pain right now,\u201d he said.<\/p>\n

\u201cWe need to figure out how to provide retroactive justice.\u201d<\/p>\n

\u201cThere has to be some sort of victim compensation fund for the people who lost their loved ones,\u201d he added.<\/p>\n

But the Greater Hospital Association of New York State \u2014 the powerful hospital lobbying arm directly involved in April\u2019s negotiations with Gov. Andrew Cuomo over the protections \u2013 issued a memo of opposition, arguing the pandemic is far from over and the healthcare system is still facing challenges.<\/p>\n

\u201cThe bill would prospectively remove protections for non-COVID-19 patients whose care would be affected by the response to another COVID-19 surge. This includes hospitals\u2019 response to State orders by discharging patients early to prepare for a surge; deploying volunteers, staff, and medical students to alleviate severe staff shortages; expedited triage of emergency room patients to make room for an influx of COVID-19 patients; and the conversion of existing and creation of new hospital spaces to care for patients,\u201d GHANYS spokesman Brian Conway said. He added that any retroactive provision would \u201cmake an already bad bill much worse.\u201d<\/p>\n

\u201cHealth care workers should not have to look over their shoulder for trying to save as many lives as possible during a horrific pandemic.\u201d<\/p>\n

\u201cThe pandemic isn\u2019t over. The intent of passing these protections\u00a0was\u00a0to allow hospitals, nursing homes and doctors to do their job,\u201d argued Tom Stebbins executive director of the Lawsuit Reform Alliance of New York.<\/p>\n

\u201cThe flip that we\u2019ve made on our healthcare workers is alarming. This is not over, every expert would say this is not over.\u201d<\/p>\n

State Senate sponsor Luis Sepulveda (D-The Bronx) told The Post Senate Democrats are still discussing the legislation, and would not comment further.<\/p>\n

Lawmakers are expected to be in Albany through the end of the week \u2014 both physically and remotely \u2014 to pass a series<\/a> of legislation backed up by the COVID-19 emergency.<\/p>\n

Gov. Andrew Cuomo could not be reached for immedia<\/a>te comment.\n <\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/div>\n

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“#NY bill would rollback COVID-19 liability protection for hospitals, nursing homes” July 21, 2020 | 7:01pm ALBANY \u2014 Democratic state lawmakers are considering legislation this week that would partially rollback generous lawsuit liability protections for hospitals and nursing homes related to the coronavirus crisis, The Post has learned. Legislative leaders in the state Senate and…<\/p>\n","protected":false},"author":1,"featured_media":31770,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[1],"tags":[42160,42159],"class_list":["post-31769","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-general","tag-nursing-homes","tag-ny-bill-would-rollback-covid-19-liability-protection-for-hospitals"],"_links":{"self":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/31769","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=31769"}],"version-history":[{"count":0,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/31769\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media\/31770"}],"wp:attachment":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media?parent=31769"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/categories?post=31769"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/tags?post=31769"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}