Thursday, April 08, 2021

8 April 2021: Undoing Cuomo's Gift of COVID Legal Immunity to Hospital and Nursing Home Lobby

Finally holding nursing homes accountable: New York rights a wrong

This op-ed by attorney Michael Brevda provides a good summary of the legal changes related to undoing the damage caused by Governor Cuomo's gifting of legal immunity for COVID deaths to New York hospital and nursing home operators. In the passage below, he gives credit where its due for the reforms forced upon Governor Cuomo:

This legislation is a silent recognition of prior missteps taken by New York’s lawmakers. In a knee-jerk reaction to the COVID-19 pandemic, the Legislature granted a blanket immunity bill to a historically troubled nursing home industry. This immunity prevented families from seeking accountability and redress in the court system following a nursing home negligence-related injury or death.

This rollback of the nursing home industry’s immunity is a step in the right direction.

Special recognition for this legislative 180 must be given to Assemblyman Ron Kim (D-Queens), who has locked horns with Cuomo on this issue. Regardless of whether the reversal came from Cuomo earnestly recognizing his prior mistakes, or due to his ongoing scandals, the true winners are New York’s aging seniors.

New York is a strange place. Politicians are really excited to hold private sector nursing homes accountable for the disaster that unfolded during 2020's coronavirus pandemic, but they have so far been anything but serious about holding the politicians or government officials responsible so much harm and so many deaths accountable for them.