S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8489
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 17, 2021
                                ___________
 
 Introduced by M. of A. KIM -- read once and referred to the Committee on
   Judiciary
 
 AN  ACT  to  amend  the  public health law and the state finance law, in
   relation to enacting the Justice for  Nursing  Home  Victims  act;  to
   amend  the  public health law and the civil practice law and rules, in
   relation to the responsibilities of nursing  homes  during  pandemics;
   making an appropriation therefor; and providing for the repeal of such
   provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Justice for Nursing Home Victims act".
   §  2.  The public health law is amended by adding a new section 2808-f
 to read as follows:
   § 2808-F. NURSING HOME  RESIDENT  COVID-19  COMPENSATION  PROGRAM.  1.
 DEFINITIONS.  THE FOLLOWING TERMS AS USED IN THIS SECTION SHALL HAVE THE
 FOLLOWING MEANINGS, UNLESS THE CONTEXT OTHERWISE REQUIRES:
   (A) "CLAIMANT" MEANS AN INDIVIDUAL FILING  A  CLAIM  FOR  COMPENSATION
 UNDER  THIS  SECTION  AND  WHO IS A STATUTORY BENEFICIARY OF AN ELIGIBLE
 NURSING HOME RESIDENT.
   (B) "COLLATERAL SOURCE" MEANS ALL COLLATERAL SOURCES,  INCLUDING  LIFE
 INSURANCE, PENSION FUNDS, DEATH BENEFIT PROGRAMS, AND PAYMENTS BY FEDER-
 AL,  STATE,  OR LOCAL GOVERNMENTS RELATED TO INJURY OR DEATH AS A RESULT
 OF HAVING COVID-19.
   (C) "ELIGIBLE NURSING HOME RESIDENT" MEANS A DECEDENT WHO WAS A  RESI-
 DENT  OF  A  NURSING  HOME  LOCATED  IN THE STATE AND COVID-19 CAUSED OR
 CONTRIBUTED TO SUCH RESIDENT'S DEATH, AS DOCUMENTED ON  SUCH  RESIDENT'S
 DEATH  CERTIFICATE,  OR AS CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER,
 OR PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR  THE
 DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S
 ASSISTANT  AUTHORIZED  TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13203-02-1
              

 A. 8489                             2
 
 THE DECLARED COVID-19 STATE OF EMERGENCY WHO DETERMINES WITH  A  REASON-
 ABLE  DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO
 THE RESIDENT'S DEATH.  ELIGIBLE NURSING HOME RESIDENT SHALL INCLUDE  ANY
 TEMPORARY RESIDENT OF A NURSING HOME WHO IS RECEIVING  SUBACUTE REHABIL-
 ITATION CARE OR TEMPORARY REHABILITATION CARE.
   (D)  "THE  DECLARED  COVID-19  STATE  OF EMERGENCY" SHALL REFER TO THE
 PERIOD OF THE STATE OF EMERGENCY DECLARED BY EXECUTIVE ORDER TWO HUNDRED
 TWO ON MARCH SEVENTH, TWO THOUSAND TWENTY IN RESPONSE TO THE OUTBREAK OF
 THE NOVEL CORONAVIRUS.
   2. COMPENSATION PROGRAM. THE DEPARTMENT SHALL ESTABLISH AND MAINTAIN A
 NURSING HOME RESIDENT COVID-19  COMPENSATION  PROGRAM  TO  PROVIDE  FULL
 COMPENSATION  TO  ANY  ELIGIBLE NURSING HOME RESIDENT OR THEIR STATUTORY
 BENEFICIARY.
   3. ADMINISTRATION. (A) THE COMMISSIONER SHALL ESTABLISH A COMMITTEE TO
 ADMINISTER THE NURSING HOME RESIDENT COVID-19 COMPENSATION PROGRAM. SUCH
 COMMITTEE SHALL:
   (I) ADMINISTER THE COMPENSATION PROGRAM ESTABLISHED PURSUANT  TO  THIS
 SECTION;
   (II)  PROMULGATE ALL PROCEDURAL AND SUBSTANTIVE RULES FOR THE ADMINIS-
 TRATION OF THIS SECTION; AND
   (III) EMPLOY AND SUPERVISE HEARING OFFICERS AND  OTHER  ADMINISTRATIVE
 PERSONNEL TO PERFORM THE DUTIES ESTABLISHED PURSUANT TO THIS SECTION.
   (B)  THE COMMISSIONER SHALL APPOINT A CHAIRPERSON AND NO MORE THAN TWO
 VICE-CHAIRPERSONS. THE COMMISSIONER SHALL FIX THE ANNUAL SALARY  OF  THE
 CHAIRPERSON AND SHALL BE REIMBURSED FOR ALL EXPENSES ACTUALLY AND NECES-
 SARILY  INCURRED  BY  HIM OR HER IN THE PERFORMANCE OF HIS OR HER DUTIES
 HEREUNDER, WITHIN THE AMOUNT MADE AVAILABLE BY  APPROPRIATION  THEREFOR.
 THE  OTHER  MEMBERS  OF  THE COMMITTEE SHALL RECEIVE NO COMPENSATION FOR
 THEIR SERVICES BUT SHALL BE REIMBURSED FOR  ALL  EXPENSES  ACTUALLY  AND
 NECESSARILY  INCURRED  BY  THEM IN THE PERFORMANCE OF THEIR DUTIES HERE-
 UNDER WITHIN THE AMOUNT MADE AVAILABLE BY APPROPRIATION THEREFOR.
   (C) THE COMMITTEE SHALL ESTABLISH A SUBCOMMITTEE, TO BE KNOWN  AS  THE
 ELIGIBILITY  COMMITTEE.  THE  ELIGIBILITY COMMITTEE SHALL BE COMPOSED OF
 SEVEN MEMBERS. FIVE MEMBERS SHALL BE APPOINTED JOINTLY BY THE  TEMPORARY
 PRESIDENT  OF  THE  SENATE  AND  THE SPEAKER OF THE ASSEMBLY OF WHICH AT
 LEAST TWO SHALL BE MENTAL HEALTH PROFESSIONALS AND AT LEAST ONE SHALL BE
 AN INFECTIOUS DISEASE CLINICIAN, AND TWO MEMBERS SHALL BE  APPOINTED  BY
 THE GOVERNOR. THE ELIGIBILITY COMMITTEE, IN CONSULTATION WITH THE CHAIR-
 PERSON,  SHALL  DETERMINE  IN  ACCORDANCE  WITH SUBDIVISION FOUR OF THIS
 SECTION, THE REQUIREMENTS NEEDING TO BE MET TO BE ELIGIBLE  FOR  COMPEN-
 SATION  UNDER  THIS SECTION AND HEAR AND DECIDE APPEALS BROUGHT PURSUANT
 TO SUBDIVISION FOUR OF THIS SECTION.
   4. DETERMINATION OF ELIGIBILITY FOR COMPENSATION. (A) A CLAIMANT SHALL
 FILE A CLAIM FOR COMPENSATION UNDER THIS SECTION WITH THE COMMITTEE. THE
 CLAIM SHALL BE ON THE FORM DEVELOPED PURSUANT TO PARAGRAPH (B)  OF  THIS
 SUBDIVISION  AND  SHALL  STATE  THE  FACTUAL  BASIS  FOR ELIGIBILITY FOR
 COMPENSATION AND THE AMOUNT OF COMPENSATION SOUGHT.
   (B) THE COMMITTEE SHALL DEVELOP A CLAIM FORM THAT CLAIMANTS SHALL  USE
 WHEN  SUBMITTING  CLAIMS  UNDER  PARAGRAPH  (A) OF THIS SUBDIVISION. THE
 CHAIRPERSON SHALL ENSURE THAT SUCH FORM CAN BE FILED ELECTRONICALLY,  IF
 DETERMINED TO BE PRACTICABLE. SUCH FORM DEVELOPED SHALL REQUEST:
   (I) INFORMATION FROM THE CLAIMANT CONFIRMING THE ELIGIBLE NURSING HOME
 RESIDENT'S DEATH AS A RESULT OF CONTRACTING COVID-19 IN A NURSING HOME;
   (II)  INFORMATION  REGARDING  COLLATERAL  SOURCES  OF COMPENSATION THE
 CLAIMANT HAS RECEIVED OR IS ENTITLED TO RECEIVE  AS  A  RESULT  OF  SUCH
 ELIGIBLE NURSING HOME RESIDENT'S DEATH; AND
 A. 8489                             3
 
   (III)  INFORMATION  FROM  THE CLAIMANT CONFIRMING THEY ARE A STATUTORY
 BENEFICIARY OF THE DECEASED ELIGIBLE NURSING HOME RESIDENT.
   (C)  THE  COMMITTEE  SHALL  REVIEW  A CLAIM SUBMITTED PURSUANT TO THIS
 SUBDIVISION AND, WITH RESPECT TO A RESIDENT OF THE NURSING  HOME  DETER-
 MINED  IF  SUCH  RESIDENT  IS  AN ELIGIBLE INDIVIDUAL, AND THE AMOUNT OF
 COMPENSATION TO WHICH THE CLAIMANT IS ENTITLED TO UNDER THIS SECTION.
   (D) NO LATER THAN ONE HUNDRED TWENTY DAYS AFTER THAT DATE ON  WHICH  A
 CLAIM  IS FILED UNDER PARAGRAPH (A) OF THIS SUBDIVISION, THE CHAIRPERSON
 SHALL COMPLETE A REVIEW,  MAKE  A  DETERMINATION,  AND  PROVIDE  WRITTEN
 NOTICE  TO  THE  CLAIMANT,  WITH  RESPECT  TO  THE MATTERS THAT WERE THE
 SUBJECT OF THE CLAIM UNDER REVIEW. SUCH A DETERMINATION SHALL  BE  FINAL
 AND  NOT  SUBJECT  TO JUDICIAL REVIEW, EXCEPT THAT A CLAIMANT MAY APPEAL
 THE CHAIRPERSON'S DETERMINATION TO THE ELIGIBILITY COMMITTEE ESTABLISHED
 UNDER PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION.
   (E) THE AMOUNT OF THE COMPENSATION AWARDED UNDER THIS SECTION  IN  THE
 CASE OF A CLAIMANT SHALL BE:
   (I)  A DEATH BENEFIT OF TWO HUNDRED FIFTY THOUSAND DOLLARS PAID TO THE
 ESTATE OF THE ELIGIBLE NURSING HOME RESIDENT; AND
   (II) AN ADDITIONAL DEATH BENEFIT OF ONE HUNDRED THOUSAND DOLLARS  PAID
 TO THE SPOUSE AND EACH DEPENDENT OF THE ELIGIBLE NURSING HOME RESIDENT.
   (F)  A  CLAIMANT WHO FILES AN APPEAL PURSUANT TO PARAGRAPH (D) OF THIS
 SUBDIVISION SHALL HAVE THE RIGHT TO BE REPRESENTED BY AN  ATTORNEY;  THE
 RIGHT  TO  PRESENT EVIDENCE, INCLUDING THE PRESENTATION OF WITNESSES AND
 DOCUMENTS; AND ANY OTHER DUE PROCESS RIGHTS  DETERMINED  APPROPRIATE  BY
 THE CHAIRPERSON.
   (G)  THE CHAIRPERSON SHALL NOT INCLUDE AMOUNTS FOR PUNITIVE DAMAGES IN
 ANY COMPENSATION PAID UNDER A CLAIM PURSUANT TO THIS SECTION.
   (H) THE CHAIRPERSON SHALL, WITH RESPECT TO EACH  CLAIMANT,  AWARD  THE
 FULL  AMOUNT OF THE COMPENSATION DETERMINED PURSUANT TO PARAGRAPH (E) OF
 THIS SUBDIVISION AND SHALL NOT IMPOSE A CAP ON THE TOTAL AMOUNT OF  SUCH
 COMPENSATION.
   (I)  A  RESIDENT  SHALL  BE  DETERMINED TO BE AN ELIGIBLE NURSING HOME
 RESIDENT FOR PURPOSES OF THIS SECTION IF THE CHAIRPERSON DETERMINES THAT
 SUCH CLAIMANT, DURING THE COVID-19 EMERGENCY PERIOD, WAS A RESIDENT OF A
 NEW YORK STATE NURSING HOME FACILITY WHO DIED  AS  A  RESULT  OF  HAVING
 COVID-19.  A  CLAIMANT  SHALL  BE  DETERMINED  TO BE ELIGIBLE TO RECEIVE
 COMPENSATION UNDER THIS PROGRAM IF THEY ARE A REPRESENTATIVE  ACTING  ON
 BEHALF  OF A DECEASED ELIGIBLE NURSING HOME RESIDENT AND ARE A STATUTORY
 BENEFICIARY OF SUCH RESIDENT.
   (J) NO MORE THAN ONE CLAIM SHALL BE SUBMITTED PURSUANT TO THIS SECTION
 WITH RESPECT TO COMPENSATION ARISING FROM THE DEATH OF AN ELIGIBLE NURS-
 ING HOME RESIDENT.
   5. PAYMENTS TO ELIGIBLE INDIVIDUALS. (A) NO  LATER  THAN  TWENTY  DAYS
 AFTER  THE  DATE  ON  WHICH  A  DETERMINATION IS MADE BY THE CHAIRPERSON
 REGARDING THE AMOUNT OF  COMPENSATION  DUE  TO  A  CLAIMANT  UNDER  THIS
 SECTION,  THE  COMMISSIONER  OF  TAXATION  AND  FINANCE  SHALL AUTHORIZE
 PAYMENT TO SUCH CLAIMANT OF THE AMOUNT DETERMINED FROM THE NURSING  HOME
 RESIDENT  COVID-19  COMPENSATION  FUND  ESTABLISHED  PURSUANT TO SECTION
 NINETY-EIGHT-D OF THE STATE FINANCE LAW.
   6. REGULATIONS. NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE  OF
 THIS  SECTION,  THE  COMMITTEE,  IN  CONSULTATION WITH THE COMMISSIONER,
 SHALL PROMULGATE RULES AND REGULATIONS TO CARRY OUT  THE  PROVISIONS  OF
 THIS SECTION, INCLUDING RULES AND REGULATIONS WITH RESPECT TO:
   (A) FORMS TO BE USED IN SUBMITTING CLAIMS UNDER THIS SECTION;
   (B) THE INFORMATION TO BE INCLUDED IN SUCH FORMS;
   (C) PROCEDURES FOR HEARING AND THE PRESENTATION OF EVIDENCE;
 A. 8489                             4
 
   (D)  PROCEDURES  TO ASSIST AN INDIVIDUAL IN FILING AND PURSUING CLAIMS
 UNDER THIS SECTION; AND
   (E) OTHER MATTERS DETERMINED APPROPRIATE BY THE COMMISSIONER.
   7. RIGHT OF SUBROGATION. THE STATE SHALL HAVE THE RIGHT OF SUBROGATION
 WITH  RESPECT  TO  ANY  CLAIM  PAID  BY THE COMMISSIONER OF TAXATION AND
 FINANCE PURSUANT TO THIS SECTION.
   § 3. Article 21 of the public health law is amended by  adding  a  new
 title 9 to read as follows:
                                  TITLE IX
             RESPONSIBILITIES OF NURSING HOME DURING PANDEMICS
 SECTION 2187. DEFINITIONS.
         2188. RESPONSIBILITIES OF NURSING HOME DURING PANDEMICS.
   § 2187. DEFINITIONS. THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS
 ARTICLE  SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
 MEANINGS GIVEN TO THEM IN THIS SECTION:
   1. "PUBLIC HEALTH EMERGENCY" MEANS ANY  DECLARED  STATE  OF  EMERGENCY
 MADE  IN  RESPONSE  TO  AN  OUTBREAK  OF AN INFECTIOUS DISEASE AND SHALL
 INCLUDE THE NOVEL CORONAVIRUS OUTBREAK, COVID-19.
   2. "NURSING HOME" SHALL HAVE THE SAME MEANING AS  DEFINED  IN  SECTION
 TWENTY-EIGHT  HUNDRED ONE OF THIS CHAPTER AND SHALL INCLUDE ADULT HOMES,
 ENRICHED HOUSING PROGRAMS, ASSISTED LIVING  RESIDENCES  AND  RESIDENTIAL
 HEALTH CARE FACILITIES AS DEFINED IN SUCH SECTION.
   3.  "RESIDENT" MEANS A RESIDENT OF A NURSING HOME LOCATED IN THE STATE
 AND AN INFECTIOUS DISEASE  CAUSED  OR  CONTRIBUTED  TO  SUCH  RESIDENT'S
 DEATH,  AS DOCUMENTED ON SUCH RESIDENT'S DEATH CERTIFICATE, OR AS CERTI-
 FIED BY  A  PHYSICIAN,  NURSE  PRACTITIONER,  OR  PHYSICIAN'S  ASSISTANT
 CURRENTLY  IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR
 A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED  TO
 PRACTICE  IN  NEW  YORK  BY  EXECUTIVE  ORDER DURING THE DECLARED PUBLIC
 HEALTH EMERGENCY WHO DETERMINES WITH  A  REASONABLE  DEGREE  OF  MEDICAL
 CERTAINTY THAT THE INFECTIOUS DISEASE CAUSED OR CONTRIBUTED TO THE RESI-
 DENT'S  DEATH.  RESIDENT SHALL INCLUDE ANY TEMPORARY RESIDENT OF A NURS-
 ING HOME WHO IS RECEIVING  SUBACUTE  REHABILITATION  CARE  OR  TEMPORARY
 REHABILITATION CARE.
   4.  "DOMESTIC  PARTNER"  SHALL  HAVE  THE SAME MEANING AS CONTAINED IN
 SECTION TWENTY-NINE HUNDRED SIXTY-ONE OF THIS CHAPTER.
   §  2188.  RESPONSIBILITIES  OF  NURSING  HOME  DURING  PANDEMICS.   1.
 NOTWITHSTANDING  ANY  LAW,  RULE,  EXECUTIVE ORDER, OR REGULATION TO THE
 CONTRARY, DURING A PUBLIC HEALTH EMERGENCY EVERY NURSING HOME SHALL:
   (A) COMPLY WITH ALL STATE AND FEDERAL STATUTES AND REGULATIONS, EXECU-
 TIVE ORDERS AND CENTERS FOR DISEASE CONTROL  AND  PREVENTION  GUIDELINES
 ISSUED IN RESPONSE TO SUCH PUBLIC HEALTH EMERGENCY; AND
   (B) FOLLOW ALL BASIC INFECTION CONTROL PROTOCOLS AND GUIDELINES RELAT-
 ING TO PROPER INFECTION PREVENTION AND CONTROL.
   2.  IN AN ACTION TO RECOVER DAMAGES FROM A NURSING HOME FOR THE WRONG-
 FUL DEATH OF A RESIDENT DURING A PUBLIC HEALTH EMERGENCY, PROOF  THAT  A
 NURSING  HOME  FAILED TO COMPLY WITH ANY OF THE FOLLOWING AS THEY RELATE
 TO THE PUBLIC HEALTH EMERGENCY SHALL BE PRESUMED TO  BE  NEGLIGENCE  AND
 THE CAUSE OF THE RESIDENT CONTRACTING THE INFECTIOUS DISEASE:
   (A) STATE OR FEDERAL STATUTES OR REGULATIONS;
   (B) EXECUTIVE ORDERS;
   (C) CENTERS FOR DISEASE CONTROL AND PREVENTION GUIDELINES; OR
   (D)  BASIC  INFECTION  CONTROL PRACTICES, RELATING TO PROPER INFECTION
 PREVENTION AND CONTROL PRACTICES.
   3. THE PRESUMPTION ESTABLISHED BY THIS ARTICLE SHALL ONLY BE  REBUTTED
 BY  CREDIBLE AND RELIABLE EVIDENCE WHICH ESTABLISHES THAT THE RESIDENT'S
 A. 8489                             5
 
 OWN CONDUCT WAS THE SOLE PROXIMATE CAUSE  OF  THE  RESIDENT  CONTRACTING
 SUCH DISEASE.
   4.  IN  ADDITION  TO  ANY  OTHER LAWFUL ELEMENT OF DAMAGES THAT MAY BE
 RECOVERABLE BY REASON OF THE  DEATH  OF  THE  RESIDENT,  THE  RESIDENT'S
 SURVIVING  GRANDPARENTS,  PARENTS,  SIBLINGS,  SPOUSE, DOMESTIC PARTNER,
 CHILDREN AND GRANDCHILDREN SHALL BE  ENTITLED  TO  RECOVER  DAMAGES  FOR
 THEIR  RESPECTIVE  NON-PECUNIARY  INJURIES,  INCLUDING: GRIEF OR ANGUISH
 CAUSED BY THE RESIDENT'S DEATH, AND FOR  ANY  DISORDER  CAUSED  BY  SUCH
 GRIEF OR ANGUISH, LOSS OF LOVE, SOCIETY, PROTECTION, COMFORT, COMPANION-
 SHIP,  AND  CONSORTIUM  RESULTING FROM THE RESIDENT'S DEATH; AND LOSS OF
 NURTURE, GUIDANCE, COUNSEL, ADVICE, TRAINING,  AND  EDUCATION  RESULTING
 FROM  THE  RESIDENT'S  DEATH.  ANY SUCH CLAIM FOR NON-PECUNIARY INJURIES
 SHALL BE BROUGHT BY THE RESIDENTS' PERSONAL REPRESENTATIVE.
   5. ANY AGREEMENT PURPORTING TO LIMIT THE LIABILITY OF A  NURSING  HOME
 FOR DAMAGES OR PURPORTING TO LIMIT THE REMEDIES OF THE RESIDENT OR THOSE
 SEEKING DAMAGES PURSUANT TO THIS ARTICLE IS CONTRARY TO THE PUBLIC POLI-
 CY OF THIS STATE AND ABSOLUTELY VOID.
   6.  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, ALL CIVIL
 CLAIMS OR CAUSES OF ACTION BROUGHT BY ANY PERSON FOR DAMAGES  AGAINST  A
 NURSING HOME FOR PERSONAL INJURIES OR THE DEATH OF A RESIDENT DURING THE
 NOVEL  CORONAVIRUS  OUTBREAK,  COVID-19, INCLUDING AN ACTION PURSUANT TO
 SECTION TWENTY-EIGHT HUNDRED ONE-D OF THIS  CHAPTER,  MAY  BE  COMMENCED
 WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE.
   §  4. The state finance law is amended by adding a new section 98-d to
 read as follows:
   § 98-D. NURSING HOME RESIDENT COVID-19 COMPENSATION FUND. 1.  THERE IS
 HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF  TAXATION
 AND  FINANCE AND THE COMPTROLLER A FUND TO BE KNOWN AS THE "NURSING HOME
 RESIDENT COVID-19 COMPENSATION FUND".
   2. THE SOURCES OF FUNDS SHALL CONSIST OF ALL MONEYS  COLLECTED  THERE-
 FOR,  OR  MONEYS  CREDITED, APPROPRIATED OR TRANSFERRED THERETO FROM THE
 GENERAL FUND, ANY OTHER FUND OR SOURCE PURSUANT  TO  LAW  OR  ANY  OTHER
 MONEYS MADE AVAILABLE FOR THE PURPOSES OF THE FUND. NOTHING CONTAINED IN
 THIS  SECTION  SHALL  PREVENT  THE STATE FROM RECEIVING GRANTS, GIFTS OR
 BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED  IN  THIS  SECTION  AND
 DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
   3.  MONEYS WITHIN THE NURSING HOME RESIDENT COVID-19 COMPENSATION FUND
 SHALL BE MADE AVAILABLE TO THE COMMISSIONER OF  PUBLIC  HEALTH  FOR  THE
 ADMINISTRATION  OF  THE  NURSING  HOME  RESIDENT  COVID-19  COMPENSATION
 PROGRAM PURSUANT TO SECTION TWENTY-EIGHT HUNDRED EIGHT-F OF  THE  PUBLIC
 HEALTH LAW.
   4.  MONEYS  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
 OF PUBLIC HEALTH.
   §  5.  The  civil  practice  law  and rules is amended by adding a new
 section 217-b to read as follows:
   § 217-B. ACTION TO RECOVER DAMAGES FOR PERSONAL INJURY OR DEATH  OF  A
 RESIDENT  AT  A  NURSING HOME DURING THE COVID-19 STATE OF EMERGENCY. 1.
 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS  SECTION  SHALL  HAVE,
 UNLESS  THE  CONTEXT  CLEARLY INDICATES OTHERWISE, THE MEANINGS GIVEN TO
 THEM IN THIS SECTION:
   (A) "NURSING HOME" SHALL HAVE THE SAME MEANING AS DEFINED  IN  SECTION
 TWENTY-EIGHT  HUNDRED  ONE  OF  THE  PUBLIC HEALTH LAW AND SHALL INCLUDE
 ADULT HOMES, ENRICHED HOUSING PROGRAMS, ASSISTED LIVING  RESIDENCES  AND
 RESIDENTIAL HEALTH CARE FACILITIES AS DEFINED IN SUCH SECTION.
 A. 8489                             6
 
   (B)  "RESIDENT"  MEANS A DECEDENT WHO WAS A RESIDENT OF A NURSING HOME
 LOCATED IN THE STATE AND COVID-19 CAUSED OR CONTRIBUTED  TO  SUCH  RESI-
 DENT'S  DEATH, AS DOCUMENTED ON SUCH RESIDENT'S DEATH CERTIFICATE, OR AS
 CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER, OR  PHYSICIAN'S  ASSISTANT
 CURRENTLY  IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR
 A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED  TO
 PRACTICE  IN  NEW  YORK  BY EXECUTIVE ORDER DURING THE DECLARED COVID-19
 STATE OF EMERGENCY WHO DETERMINES WITH A REASONABLE  DEGREE  OF  MEDICAL
 CERTAINTY  THAT  COVID-19 CAUSED OR CONTRIBUTED TO THE RESIDENT'S DEATH.
 RESIDENT SHALL INCLUDE ANY TEMPORARY RESIDENT OF A NURSING HOME  WHO  IS
 RECEIVING SUBACUTE REHABILITATION CARE OR TEMPORARY REHABILITATION CARE.
   (C)  "THE  NOVEL  CORONAVIRUS  PANDEMIC (COVID-19)" SHALL REFER TO THE
 PERIOD OF THE STATE OF EMERGENCY DECLARED BY EXECUTIVE ORDER TWO HUNDRED
 TWO ON MARCH SEVENTH, TWO THOUSAND TWENTY IN RESPONSE TO THE OUTBREAK OF
 THE NOVEL CORONAVIRUS.
   2. NOTWITHSTANDING ANY PROVISION OF LAW TO  THE  CONTRARY,  ALL  CIVIL
 CLAIMS  OR  CAUSES OF ACTION BROUGHT BY ANY PERSON FOR DAMAGES AGAINST A
 NURSING HOME FOR PERSONAL INJURIES OR THE DEATH  OF  A  RESIDENT  DURING
 COVID-19,  INCLUDING  AN ACTION PURSUANT TO SECTION TWENTY-EIGHT HUNDRED
 ONE-D OF THE PUBLIC HEALTH LAW, MAY BE COMMENCED WITHIN TWO YEARS  AFTER
 THE EFFECTIVE DATE OF THIS SECTION.
   § 6. The sum of four billion dollars ($4,000,000,000) is hereby appro-
 priated  to  the nursing home resident COVID-19 compensation fund out of
 any moneys in the state treasury in the general fund to  the  credit  of
 the  state  purposes account, not otherwise appropriated, and made imme-
 diately available, for the purpose of carrying  out  the  provisions  of
 this  act.  Such moneys shall be payable on the audit and warrant of the
 comptroller on vouchers certified or approved  by  the  commissioner  of
 health in the manner prescribed by law.
   §  7.  This  act shall take effect immediately and shall expire and be
 deemed repealed January 1, 2035.