S T A T E O F N E W Y O R K
________________________________________________________________________
3677
2021-2022 Regular Sessions
I N A S S E M B L Y
January 28, 2021
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to protecting
addiction service providers from liability during a public health
emergency
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3080 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:
§ 3080. Declaration of purpose. A public health emergency that occurs
on a statewide basis requires an enormous response from state and feder-
al and local governments working in concert with private and public
health care providers in the community. The furnishing of treatment of
patients during such a public health emergency is a matter of vital
state concern affecting the public health, safety and welfare of all
citizens. It is the purpose of this article to promote the public
health, safety and welfare of all citizens by broadly protecting the
health care facilities [and], health care professionals AND ADDICTION
SERVICE PROVIDERS in this state from liability that may result from
treatment of individuals with COVID-19 under conditions resulting from
circumstances associated with the public health emergency.
§ 2. Section 3081 of the public health law is amended by adding a new
subdivision 9 to read as follows:
9. THE TERM "ADDICTION SERVICE PROVIDER" SHALL MEAN A HEALTH CARE
PROFESSIONAL WHO IS LICENSED TO PROVIDE BEHAVIORAL HEALTH AND SUBSTANCE
USE SERVICES BY THE OFFICE OF ADDICTION SERVICES AND SUPPORTS.
§ 3. Section 3082 of the public health law, as added by section 1 of
part GGG of chapter 56 of the laws of 2020 and subdivision 1 as amended
by chapter 134 of the laws of 2020, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01036-01-1
A. 3677 2
§ 3082. Limitation of liability. 1. Notwithstanding any law to the
contrary, except as provided in subdivision two of this section, any
health care facility [or], health care professional, OR ADDICTION
SERVICE PROVIDER shall have immunity from any liability, civil or crimi-
nal, for any harm or damages alleged to have been sustained as a result
of an act or omission in the course of providing health care services,
if:
(a) the health care facility [or], health care professional, OR
ADDICTION SERVICE PROVIDER is providing health care services in accord-
ance with applicable law, or where appropriate pursuant to a COVID-19
emergency rule;
(b) the act or omission occurs in the course of providing health care
services and the treatment of the individual is impacted by the health
care facility's [or], health care professional's, OR ADDICTION SERVICE
PROVIDER'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, OR
ADDICTION SERVICE PROVIDER is providing health care services in good
faith.
2. The immunity provided by subdivision one of this section shall not
apply if the harm or damages were caused by an act or omission consti-
tuting willful or intentional criminal misconduct, gross negligence,
reckless misconduct, or intentional infliction of harm by the health
care facility [or], health care professional OR ADDICTION SERVICE
PROVIDER providing health care services, provided, however, that acts,
omissions or decisions resulting from a resource or staffing shortage
shall not be considered to be willful or intentional criminal miscon-
duct, gross negligence, reckless misconduct, or intentional infliction
of harm.
3. Notwithstanding any law to the contrary, a volunteer organization
shall have immunity from any liability, civil or criminal, for any harm
or damages irrespective of the cause of such harm or damage occurring in
or at its facility or facilities arising from the state's response and
activities under the COVID-19 emergency declaration and in accordance
with any applicable COVID-19 emergency rule, unless it is established
that such harm or damages were caused by the willful or intentional
criminal misconduct, gross negligence, reckless misconduct, or inten-
tional infliction of harm by the volunteer organization.
§ 4. This act shall take effect immediately.