Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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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 |
senate Bill S8835
Signed By GovernorSponsored By
Luis R. Sepúlveda
(D) 32nd Senate District
Archive: Last 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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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) - 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
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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