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.
STATE OF NEW YORK
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10840
IN ASSEMBLY
July 20, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Kim, Gott-
fried) -- read once and referred to the Committee on Codes
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
A. 10840 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.
