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A03397 Summary:

BILL NOA03397
 
SAME ASSAME AS S05177
 
SPONSORKim
 
COSPNSRGottfried, Weinstein, Epstein, Jacobson, Byrnes, Montesano, Niou, Glick, Rosenthal L, Barron, Griffin, McDonough, Steck, Carroll, Cymbrowitz, Hevesi, Simon, Quart, Zinerman, Abinanti, Seawright, Mitaynes, Jackson, Anderson, Thiele, DeStefano, Lawler, Hawley, Salka, Tague, Simpson, Kelles, Vanel, Lunsford, Cahill, Pichardo, Richardson, Bronson, Zebrowski, Williams, Bichotte Hermelyn, Sayegh, Dinowitz, Gonzalez-Rojas, Gallagher, Forrest, Nolan, Clark, Perry, Santabarbara, Peoples-Stokes, Hunter, Blankenbush, Miller M
 
MLTSPNSRSillitti
 
Rpld Art 30-D, Pub Health L
 
Repeals the emergency or disaster treatment protection act which protects health care facilities and health care professionals from liability that may result from treatment of individuals with COVID-19 under conditions resulting from circumstances associated with the public health emergency.
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A03397 Actions:

BILL NOA03397
 
01/26/2021referred to health
03/01/2021reported referred to codes
03/01/2021reported referred to rules
03/01/2021reported
03/02/2021rules report cal.23
03/02/2021ordered to third reading rules cal.23
03/04/2021passed assembly
03/04/2021delivered to senate
03/04/2021REFERRED TO HEALTH
03/24/2021SUBSTITUTED FOR S5177
03/24/20213RD READING CAL.582
03/24/2021PASSED SENATE
03/24/2021RETURNED TO ASSEMBLY
04/01/2021delivered to governor
04/06/2021signed chap.96
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A03397 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3397
 
SPONSOR: Kim
  TITLE OF BILL: An act to repeal article 30-d of the public health law relating to the emergency or disaster treatment protection act   PURPOSE OR GENERAL IDEA OF BILL: This bill repeals Article 30-D of the Public Health Law (colloquially known as the Emergency or Disaster Treatment Protection Act) with the intent of holding health care facilities, administrators, and executives accountable for harm and damages incurred.   SUMMARY OF PROVISIONS: Section 1 amends the Public Health Law by repealing Article 30-D. Section 2 provides the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): This is a new bill.   JUSTIFICATION: As the COVID-19 pandemic has progressed in New York State, it is now apparent that negligence by administrators and executives of nursing homes has occurred at an extraordinary degree. The consequences have been tragic: as of early May 2020, nearly five thousand of New York's elderly and most vulnerable residents have succumbed to this disease, and to date, there has been zero accountability nor transparency for these preventable deaths. The ELFA bill (A.9506/S.7506) in the FY 2021 state budget bills codified Article 30-D of the Public Health Law. In particular, Article 30-D egregiously uses severe liability standards as a means to insulate health care facilities and specifically, administra- tors and executives of such facilities, from any civil or criminal liability for negligence. Repealing this article is a much-needed step to holding health care administrators accountable and doing everything possible to stop even more preventable deaths from happening.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: Immediately upon passage.
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A03397 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3397
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 26, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  KIM,  EPSTEIN,  JACOBSON, GOTTFRIED, BYRNES,
          MONTESANO, NIOU,  GLICK,  L. ROSENTHAL,  BARRON,  GRIFFIN,  McDONOUGH,
          STECK,  CARROLL,  CYMBROWITZ,  HEVESI,  SIMON,  QUART -- read once and
          referred to the Committee on Health
 
        AN ACT to repeal article 30-d of the public health law relating  to  the
          emergency or disaster treatment protection act
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Article 30-d of the public health law is REPEALED.
     2    § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02984-01-1
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