S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10840
 
                           I N  A S S E M B L Y
 
                               July 20, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Kim, Gott-
   fried) -- read once and referred to the Committee on Codes
 
 AN ACT  to  amend  the  public  health  law,  in  relation  to  amending
   provisions  regarding  health care facilities and professionals during
   the COVID-19 emergency
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 5 of section 3081 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:
   5. The term "health care services" means services provided by a health
 care  facility or a health care professional, regardless of the location
 where those services are provided, that relate to:
   (a) the diagnosis[, prevention,] or treatment of COVID-19; OR
   (b) the assessment or care of an individual [with] AS  IT  RELATES  TO
 COVID-19,  WHEN  SUCH  INDIVIDUAL  HAS  a confirmed or suspected case of
 COVID-19[; or
   (c) the care of any other individual who presents  at  a  health  care
 facility  or  to  a  health  care  professional during the period of the
 COVID-19 emergency declaration].
   § 2. Subdivision 1 of 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:
   1. Notwithstanding any law to the  contrary,  except  as  provided  in
 subdivision two of this section, any health care facility or health care
 professional  shall have immunity from any liability, civil or criminal,
 for 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 is [arranging
 for  or]  providing  health  care services IN ACCORDANCE WITH APPLICABLE
 LAW, OR WHERE APPROPRIATE pursuant to  a  COVID-19  emergency  rule  [or
 otherwise in accordance with applicable law];
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16950-06-0

 A. 10840                            2
 
   (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
 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 is [arranging
 for or] providing health care services in good faith.
   §  3. This act shall take effect immediately and shall apply to claims
 for harm or damages if the act or omission  that  causes  such  harm  or
 damage  occurred  on or after such effective date; provided however this
 act shall not apply to any act or omission occurring after  the  expira-
 tion of the COVID-19 emergency declaration.