Assembly Bill A10840

Signed By Governor
2019-2020 Legislative Session

Relates to amending provisions regarding health care facilities and professionals during the COVID-19 emergency

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S8835 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A10840 (ACTIVE) - Details

See Senate Version of this Bill:
S8835
Law Section:
Public Health Law
Laws Affected:
Amd §§3081 & 3082, Pub Health L

2019-A10840 (ACTIVE) - Summary

Amends provisions regarding health care facilities and professionals providing care for persons during the COVID-19 emergency.

2019-A10840 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10840
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section  1. Subdivision 5 of section 3081 of the public health law, as
 added by section 1 of part GGG of chapter 56 of the  laws  of  2020,  is
 amended to read as follows:
   5. The term "health care services" means services provided by a health
 care  facility or a health care professional, regardless of the location
 where those services are provided, that relate to:
   (a) the diagnosis[, prevention,] or treatment of COVID-19; OR
   (b) the assessment or care of an individual [with] AS  IT  RELATES  TO
 COVID-19,  WHEN  SUCH  INDIVIDUAL  HAS  a confirmed or suspected case of
 COVID-19[; or
   (c) the care of any other individual who presents  at  a  health  care
 facility  or  to  a  health  care  professional during the period of the
 COVID-19 emergency declaration].
   § 2. Subdivision 1 of section 3082 of the public health law, as  added
 by  section  1 of part GGG of chapter 56 of the laws of 2020, is amended
 to read as follows:
   1. Notwithstanding any law to the  contrary,  except  as  provided  in
 subdivision two of this section, any health care facility or health care
 professional  shall have immunity from any liability, civil or criminal,
 for any harm or damages alleged to have been sustained as a result of an
 act or omission in the course of [arranging  for  or]  providing  health
 care services, if:
   (a) the health care facility or health care professional is [arranging
 for  or]  providing  health  care services IN ACCORDANCE WITH APPLICABLE
 LAW, OR WHERE APPROPRIATE pursuant to  a  COVID-19  emergency  rule  [or
 otherwise in accordance with applicable law];
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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