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S08835 Summary:

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S08835 Committee Votes:

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S08835 Memo:

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S08835 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8835
 
                    IN SENATE
 
                                      July 20, 2020
                                       ___________
 
        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN  ACT  to  amend  the  public  health  law,  in  relation  to amending
          provisions regarding health care facilities and  professionals  during
          the COVID-19 emergency
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 5 of section 3081 of the public health law,  as
     2  added  by  section  1  of part GGG of chapter 56 of the laws of 2020, is
     3  amended to read as follows:
     4    5. The term "health care services" means services provided by a health
     5  care facility or a health care professional, regardless of the  location
     6  where those services are provided, that relate to:
     7    (a) the diagnosis[, prevention,] or treatment of COVID-19; or
     8    (b)  the  assessment  or care of an individual [with] as it relates to
     9  COVID-19, when such individual has a  confirmed  or  suspected  case  of
    10  COVID-19[; or
    11    (c)  the  care  of  any other individual who presents at a health care
    12  facility or to a health care  professional  during  the  period  of  the
    13  COVID-19 emergency declaration].
    14    §  2. Subdivision 1 of section 3082 of the public health law, as added
    15  by section 1 of part GGG of chapter 56 of the laws of 2020,  is  amended
    16  to read as follows:
    17    1.  Notwithstanding  any  law  to  the contrary, except as provided in
    18  subdivision two of this section, any health care facility or health care
    19  professional shall have immunity from any liability, civil or  criminal,
    20  for any harm or damages alleged to have been sustained as a result of an
    21  act  or  omission  in  the course of [arranging for or] providing health
    22  care services, if:
    23    (a) the health care facility or health care professional is [arranging
    24  for or] providing health care services  in  accordance  with  applicable
    25  law,  or  where  appropriate  pursuant  to a COVID-19 emergency rule [or
    26  otherwise in accordance with applicable law];
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16950-06-0
        S. 8835                             2
 
     1    (b) the act or omission occurs in the course  of  [arranging  for  or]
     2  providing  health  care  services and the treatment of the individual is
     3  impacted by the health care facility's  or  health  care  professional's
     4  decisions  or  activities  in response to or as a result of the COVID-19
     5  outbreak and in support of the state's directives; and
     6    (c) the health care facility or health care professional is [arranging
     7  for or] providing health care services in good faith.
     8    §  3. This act shall take effect immediately and shall apply to claims
     9  for harm or damages if the act or omission  that  causes  such  harm  or
    10  damage  occurred  on or after such effective date; provided however this
    11  act shall not apply to any act or omission occurring after  the  expira-
    12  tion of the COVID-19 emergency declaration.