Assembly Bill A10504

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10504
 
                           I N  A S S E M B L Y
 
                               May 22, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. L. Rosen-
   thal) -- read once and referred to the Committee on Health
 
 AN ACT to amend  the  public  health  law,  in  relation  to  protecting
   addiction  service  providers  from  liability  during a public health
   emergency
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 3080 of the public health law, as added by section
 1 of part GGG of chapter 56 of the laws of 2020, is amended to  read  as
 follows:
   §  3080. Declaration of purpose. A public health emergency that occurs
 on a statewide basis requires an enormous response from state and feder-
 al and local governments working in  concert  with  private  and  public
 health  care  providers in the community. The furnishing of treatment of
 patients during such a public health emergency  is  a  matter  of  vital
 state  concern  affecting  the  public health, safety and welfare of all
 citizens. It is the purpose  of  this  article  to  promote  the  public
 health,  safety  and  welfare  of all citizens by broadly protecting the
 health care facilities [and], health care  professionals  AND  ADDICTION
 SERVICE  PROVIDERS  in  this  state  from liability that may result from
 treatment of individuals with COVID-19 under conditions  resulting  from
 circumstances associated with the public health emergency.
   §  2. Section 3081 of the public health law is amended by adding a new
 subdivision 9 to read as follows:
   9. THE TERM "ADDICTION SERVICE PROVIDER"  SHALL  MEAN  A  HEALTH  CARE
 PROFESSIONAL  WHO IS LICENSED TO PROVIDE BEHAVIORAL HEALTH AND SUBSTANCE
 USE SERVICES BY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS.
   § 3. Section 3082 of the public health law, as added by section  1  of
 part  GGG  of  chapter  56  of  the  laws of 2020, is amended to read as
 follows:
   § 3082. Limitation of liability. 1. Notwithstanding  any  law  to  the
 contrary,  except  as  provided  in subdivision two of this section, any
 health care facility [or], health care professional OR ADDICTION SERVICE
 PROVIDER shall have immunity from any liability, civil or criminal,  for
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16402-01-0

 A. 10504                            2
 
 any harm or damages alleged to have been sustained as a result of an act
 or  omission  in  the  course  of arranging for or providing health care
 services, if:
   (a)  the  health  care  facility  [or],  health  care  professional OR
 ADDICTION SERVICE PROVIDER is arranging for  or  providing  health  care
 services  pursuant  to a COVID-19 emergency rule or otherwise in accord-
 ance with applicable law;
   (b) the act or omission occurs in  the  course  of  arranging  for  or
 providing  health  care  services and the treatment of the individual is
 impacted by the health care facility's [or], health care  professional's
 OR  THE ADDICTION SERVICE PROVIDER'S decisions or activities in response
 to or as a result of the COVID-19 outbreak and in support of the state's
 directives; and
   (c) the  health  care  facility  [or],  health  care  professional  OR
 ADDICTION  SERVICE  PROVIDER  is  arranging for or providing health care
 services in good faith.
   2. The immunity provided by subdivision one of this section shall  not
 apply  if  the harm or damages were caused by an act or omission consti-
 tuting willful or intentional  criminal  misconduct,  gross  negligence,
 reckless  misconduct,  or  intentional  infliction of harm by the health
 care facility  [or],  health  care  professional  OR  ADDICTION  SERVICE
 PROVIDER  providing  health care services, provided, however, that acts,
 omissions or decisions resulting from a resource  or  staffing  shortage
 shall  not  be  considered to be willful or intentional criminal miscon-
 duct, gross negligence, reckless misconduct, or  intentional  infliction
 of harm.
   3.  Notwithstanding  any law to the contrary, a volunteer organization
 shall have immunity from any liability, civil or criminal, for any  harm
 or damages irrespective of the cause of such harm or damage occurring in
 or  at  its facility or facilities arising from the state's response and
 activities under the COVID-19 emergency declaration  and  in  accordance
 with  any  applicable  COVID-19 emergency rule, unless it is established
 that such harm or damages were caused  by  the  willful  or  intentional
 criminal  misconduct,  gross  negligence, reckless misconduct, or inten-
 tional infliction of harm by the volunteer organization.
   § 4. This act shall take effect immediately.