NY State Senate Bill S8497

Archive: Last Bill Status - In Senate Committee Health Committee

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2020	referred to health

S8497 (ACTIVE) - Details

See Assembly Version of this Bill:: A10427
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Rpld Art 30-D, Pub Health L
Versions Introduced in 2021-2022 Legislative Session:: S5177, A3397

S8497 (ACTIVE) - Summary

Repeals the emergency or disaster treatment protection act which protects health care facilities and health care professionals from liability that may result from treatment of individuals with COVID-19 under conditions resulting from circumstances associated with the public health emergency.

S8497 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8497

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to repeal article 30-d of the public health law relating to the
emergency or disaster treatment protection act

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill repeals Article 30-D of the Public Health Law (colloquially
known as the Emergency or Disaster Treatment Protection Act) with the
intent of holding health care facilities, administrators, and executives
accountable for harm and damages incurred.

 
SUMMARY OF PROVISIONS:

Section 1 amends the Public Health Law by repealing Article 30-D.

Section 2 provides the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

This is a new bill.

 
JUSTIFICATION:

As the COVID-19 pandemic has progressed in New York State, it is now
apparent that negligence by administrators and executives of nursing
homes has occurred at an extraordinary degree.  The consequences have
been tragic: as of early May 2020, nearly five thousand of New York's
elderly and most vulnerable residents have succumbed to this disease,
and to date, there has been zero accountability nor transparency for
these preventable deaths.

The ELFA bill (A.9506/S.7506) in the FY 2021 state budget bills codified
Article 30-D of the Public Health Law. In particular, Article 30-D egre-
giously uses severe liability standards as a means to insulate health
care facilities and specifically, administrators and executives of such
facilities, from any civil or criminal liability for negligence. Repeal-
ing this article is a much-needed step to holding health care adminis-
trators accountable and doing everything possible to stop even more
preventable deaths from happening.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately upon passage.

S8497 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8497

                            I N  S E N A T E

                              June 6, 2020
                               ___________

Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to repeal article 30-d of the public health law relating  to  the
  emergency or disaster treatment protection act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 30-d of the public health law is REPEALED.
  § 2. This act shall take effect immediately.









 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16384-01-0

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The New York State Senate

senate Bill S8497

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Archive: Last Bill Status - In Senate Committee Health Committee

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S8497 (ACTIVE) - Details

S8497 (ACTIVE) - Summary

S8497 (ACTIVE) - Sponsor Memo

S8497 (ACTIVE) - Bill Text download pdf

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senate Bill S8497

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Sponsored By

Alessandra Biaggi

Archive: Last Bill Status - In Senate Committee Health Committee

Your Voice

Actions

S8497 (ACTIVE) - Details

S8497 (ACTIVE) - Summary

S8497 (ACTIVE) - Sponsor Memo

S8497 (ACTIVE) - Bill Text download pdf

Comments