NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10840
SPONSOR: Rules (Kim) TITLE OF BILL:
An act to amend the public health law, in relation to amending
provisions regarding health care facilities and professionals during the
COVID-19 emergency
PURPOSE:
This bill would prospectively modify provisions of L. 2020, c. 56, Part
GGG, Public Health Law Article 30-D, which temporarily extends immunity
from liability to certain persons and for certain acts or omissions
occurring during the period of the state COVID-19 disaster emergency,
declaration.
SUMMARY OF PROVISIONS: Bill section one would amend and limit the
definition of "health care services" for purposes of the limited immuni-
ty provisions in Public Health Law Article 30-D.
Bill section two would amend subdivision two of Public Health Law §
3082, "Limitation of Liability," to remove references to "arranging"
health care services in paragraphs (a) (b) and (c).
JUSTIFICATION:
The unanticipated epidemic of the COVID-19 virus quickly brought chal-
lenging and unprecedented circumstances to our state and, in particular,
our health care system. As part of the response to this crisis, the
state adopted PHL Article 30-D, which provides limited immunity, under
some circumstances, with respect to certain health care services
provided by certain health care facilities and providers.
While New Yorkers as well as our health care providers need to remain
careful and vigilant, the peak of the crisis facing our health care
system has passed for now, and so, at this time, it is appropriate to
moderate the provisions of chapter 56. This bill would narrow the focus
and coverage of the immunity provisions in Article 30-D to apply to
health care services that relate to the diagnosis or treatment of
COVID-19 or the assessment or care of an individual as it relates to
COVID 19, when such individual has a confirmed or suspected case of
COVID-19. Consistent with the intent to narrow the focus of these
provisions, PHL 3082 (2) is amended to remove, prospectively, coverage
of the law for persons whose activities involve "arranging" health care
services.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None expected.
EFFECTIVE DATE:
Immediately and shall apply to claims for harm or damages if the act or
omission that causes such harm or damage occurred on or after such
effective date; provided however this act shall not apply to any act or
omission occurring after the expiration of the COVID-19 emergency decla-
ration.
