Senator Ramos and the Senate Majority Pass Legislation Repealing Immunity Protections and Further Improving Transparency at Nursing Homes

Queens, NY — Senator Ramos and the Senate Democrtic Majority passed the Treatment Protection Act that repeals previous immunity protections that prevented health care facilities, administrators, and executives from being held accountable for harm and damages incurred at facilities. In addition, this package will make sure residents have necessary information on the Long-term Care Ombudsman Program, require that the patients’ bill of rights is offered in New York’s six most spoken languages, and make information related to nursing home assets and operations publicly available.

Today’s bills build on legislation passed last month by the Senate Majority to better support and protect nursing home residents. The Senate Majority also held joint statewide public hearings this past year on residential health care facilities and COVID-19 to discuss various issues and concerns directly with the public. 

State Senator Jessica Ramos issued the following statement:

"Today, the legislature is taking the necessary steps to ensure accountability and increase transparency in nursing homes-including requiring facilities to post critical information regarding the rights of residents and their families in the languages that they speak. Tens of thousands of New Yorkers were lost in nursing homes during this pandemic. We have a moral obligation to their memories to not only fight for truth and justice but ensure this does not happen again."

The legislation passed by the Senate Majority includes:

• Emergency or Disaster Treatment Protection Act: This bill, S.5177, sponsored by Senator Alessandra Biaggi, repeals the extra protections from liability granted to nursing homes, hospitals, and other healthcare facilities for treating patients during the COVID-19 pandemic.
• Mandatory Translation of Rights and Information on Long-Term Care Ombudsman Program: This bill, S.4377, sponsored by Senator Rachel May, mandates a prominent display to inform residents of the Long-term Care Ombudsman Program and requires the Department of Health to translate the nursing home residents' bill of rights into the six most common non-English languages spoken in New York State.
• Improved Certificate of Need Process: This bill S.4893A, sponsored by Senator Gustavo Rivera, will reform the review process for change of ownership or operations proposals brought before the Public Health and Health planning Council. This added transparency ensures nursing home assets and ownership information are made public.