BILL NUMBER: S8835

SPONSOR: SEPULVEDA
 
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:

To limit immunity granted in the 2020-21 Adopted budget to health care
professionals that are providing diagnosis and treatment of COVID-19
directly to confirmed and suspected COVID-19 patients.'

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the definition of "health care services"
that are eligible for immunity from liability by removing "prevention"
of COVID-19 from the definition of health care services; clarifying that
the immunity applies to the assessment or care of an individual as it
              

relates to COVID-19; and removes 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 from the defi-
nition of "health care services."

Section two of the bill removes from immunity, protections when a health
care facility or health care professional is "arranging for" health care
services.

Section three of the bill provides the effective date of immediately.

 
JUSTIFICATION:

Part GGG of the 2020-21 Adopted Budget ELFA bill enacted the "Emergency
or Disaster Treatment Protection Act" that provides liability
protections for health care facilities and medical professionals that
treat, or arrange for treatment of COVID-19 patients, and any other
individual who sought health care services during the COVID-19 emergency
declaration. This limited protection, as created by Part GGG, applies if
the healthcare facility or healthcare professional complies with all
other applicable law and directives and the treatment of the individual
is impacted by the facility or healthcare professional's response to
COVID-19. The protection does not cover gross negligence, intentional
criminal or reckless misconduct, or intentional infliction of emotional
distress.

This bill seeks to further narrow the scope of these liability
protections to apply only when a health care facility or medical profes-
sional is providing direct care related to the diagnosis or treatment of
COVID-19 and the care is impacted by COVID-19.

This bill attempts to move forward from the uncertainty that faced the
state from the impact of COVID-19 in late March. This bill is only a
first step, however, and we must take further action to hold to account
any malfeasance that occurred during the height of the COVID-19 crisis.
We must continue to make adjustments to the State's response to the
COVID-19 outbreak to make our healthcare system more resilient and
responsive to the needs of our residents in this, and future, public
health crises. To that end, the Legislature will hold multiple joint
hearings on the subject, including an examination of the fatalities in
residential health care facilities and the impact of COVID-19 on hospi-
tals. The Legislature must use what we learn in these hearings to take
further action.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect 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 declaration.