senate Bill S8835

Signed By Governor
2019-2020 Legislative Session

Relates to amending provisions regarding health care facilities and professionals during the COVID-19 emergency

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 03, 2020 signed chap.134
Jul 24, 2020 delivered to governor
Jul 23, 2020 returned to senate
passed assembly
ordered to third reading rules cal.352
substituted for a10840
referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1033
Jul 20, 2020 referred to rules

S8835 (ACTIVE) - Details

See Assembly Version of this Bill:
A10840
Law Section:
Public Health Law
Laws Affected:
Amd §§3081 & 3082, Pub Health L

S8835 (ACTIVE) - Summary

Amends provisions regarding health care facilities and professionals providing care for persons during the COVID-19 emergency.

S8835 (ACTIVE) - Sponsor Memo

S8835 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8835
 
                             I N  S E N A T E
 
                               July 20, 2020
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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.

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