Thursday, July 23, 2020

23 July 2020: NY Legislature Set to Revoke Some COVID Legal Immunities for Nursing Homes

Clawback on immunity for nursing homes slated for Thursday vote in Albany

This report covers developing legislation in New York's legislature to narrow the scope of immunity Governor Cuomo provided to nursing home operators for coronavirus-related deaths in their facilities back in April 2020. That immunity was provided through a budget bill shortly before news of the rampant spread of coronavirus infections and deaths in New York's nursing homes related to the Cuomo administration's disastrous 25 March 2020 directive broke in the media.

NY Lawmakers OK Cutting Back Nursing Homes' Legal Protection Amid COVID-19

This report indicates New York's legislature has passed a measure that "would notably narrow the legal immunity provisions, though it doesn't go as far as some backers originally sought." One of those backers is Assembly member Ron Kim (D-Queens), who had this to say:

The proposal also makes changes that Kim said would allow for some lawsuits over care arrangements, such as hospitals releasing patients to nursing homes unprepared to care for them.

The legislation now goes to Governor Cuomo, who has ten days to either sign the bill into law or veto it, before it might go into effect without his signature.