NY State Senate Bill S8835

Archive: Last Bill Status - Signed by Governor

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

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

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

Votes

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

 
BILL NUMBER: S8835

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the public health law, in relation to amending
provisions regarding health care facilities and professionals during the
COVID-19 emergency

 
PURPOSE:

To limit immunity granted in the 2020-21 Adopted budget to health care
professionals that are providing diagnosis and treatment of COVID-19
directly to confirmed and suspected COVID-19 patients.'

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the definition of "health care services"
that are eligible for immunity from liability by removing "prevention"
of COVID-19 from the definition of health care services; clarifying that
the immunity applies to the assessment or care of an individual as it

relates to COVID-19; and removes 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 from the defi-
nition of "health care services."

Section two of the bill removes from immunity, protections when a health
care facility or health care professional is "arranging for" health care
services.

Section three of the bill provides the effective date of immediately.

 
JUSTIFICATION:

Part GGG of the 2020-21 Adopted Budget ELFA bill enacted the "Emergency
or Disaster Treatment Protection Act" that provides liability
protections for health care facilities and medical professionals that
treat, or arrange for treatment of COVID-19 patients, and any other
individual who sought health care services during the COVID-19 emergency
declaration. This limited protection, as created by Part GGG, applies if
the healthcare facility or healthcare professional complies with all
other applicable law and directives and the treatment of the individual
is impacted by the facility or healthcare professional's response to
COVID-19. The protection does not cover gross negligence, intentional
criminal or reckless misconduct, or intentional infliction of emotional
distress.

This bill seeks to further narrow the scope of these liability
protections to apply only when a health care facility or medical profes-
sional is providing direct care related to the diagnosis or treatment of
COVID-19 and the care is impacted by COVID-19.

This bill attempts to move forward from the uncertainty that faced the
state from the impact of COVID-19 in late March. This bill is only a
first step, however, and we must take further action to hold to account
any malfeasance that occurred during the height of the COVID-19 crisis.
We must continue to make adjustments to the State's response to the
COVID-19 outbreak to make our healthcare system more resilient and
responsive to the needs of our residents in this, and future, public
health crises. To that end, the Legislature will hold multiple joint
hearings on the subject, including an examination of the fatalities in
residential health care facilities and the impact of COVID-19 on hospi-
tals. The Legislature must use what we learn in these hearings to take
further action.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
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 expiration of
the COVID-19 emergency declaration.

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.

                                                            LBD16950-06-0

 S. 8835                             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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S8835

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jul 23, 2020 - floor Vote

Floor Vote: Jul 23, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

S8835 (ACTIVE) - Details

S8835 (ACTIVE) - Summary

S8835 (ACTIVE) - Sponsor Memo

S8835 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8835

Share this bill

Sponsored By

Luis R. Sepúlveda

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jul 23, 2020 - floor Vote

Floor Vote: Jul 23, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

S8835 (ACTIVE) - Details

S8835 (ACTIVE) - Summary

S8835 (ACTIVE) - Sponsor Memo

S8835 (ACTIVE) - Bill Text download pdf

Comments