assembly Bill A10840

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 Via S8835 - 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 (12)
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
Jul 23, 2020 substituted by s8835
Jul 22, 2020 ordered to third reading rules cal.352
rules report cal.352
reported
reported referred to rules
Jul 20, 2020 referred to codes

Co-Sponsors

A10840 (ACTIVE) - Details

See Senate Version of this Bill:
S8835
Law Section:
Public Health Law
Laws Affected:
Amd §§3081 & 3082, Pub Health L

A10840 (ACTIVE) - Summary

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

A10840 (ACTIVE) - Bill Text download pdf


                    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.