Assembly Bill A9100

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9100
 
                           I N  A S S E M B L Y
 
                             January 31, 2022
                                ___________
 
 Introduced by M. of A. KIM -- read once and referred to the Committee on
   Judiciary
 
 AN  ACT to amend the civil practice law and rules, in relation to estab-
   lishing a statute of limitations to bring an action to recover damages
   for personal injury or death of a resident at a  nursing  home  during
   the  COVID-19 state of emergency; and providing for the repeal of such
   provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 217-b to read as follows:
   §  217-B.  ACTION TO RECOVER DAMAGES FOR PERSONAL INJURY OR DEATH OF A
 RESIDENT AT A NURSING HOME DURING THE COVID-19 STATE  OF  EMERGENCY.  1.
 THE  FOLLOWING  WORDS  AND PHRASES WHEN USED IN THIS SECTION SHALL HAVE,
 UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE  MEANINGS  GIVEN  TO
 THEM IN THIS SECTION:
   (A)  "NURSING  HOME" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
 TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC  HEALTH  LAW  AND  SHALL  INCLUDE
 ADULT  HOMES,  ENRICHED HOUSING PROGRAMS, ASSISTED LIVING RESIDENCES AND
 RESIDENTIAL HEALTH CARE FACILITIES AS DEFINED IN SUCH SECTION.
   (B) "RESIDENT" MEANS A DECEDENT WHO WAS A RESIDENT OF A  NURSING  HOME
 LOCATED  IN  THE  STATE AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH RESI-
 DENT'S DEATH, AS DOCUMENTED ON SUCH RESIDENT'S DEATH CERTIFICATE, OR  AS
 CERTIFIED  BY  A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT
 CURRENTLY IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA,  OR
 A  PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO
 PRACTICE IN NEW YORK BY EXECUTIVE ORDER  DURING  THE  DECLARED  COVID-19
 STATE  OF  EMERGENCY  WHO DETERMINES WITH A REASONABLE DEGREE OF MEDICAL
 CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE  RESIDENT'S  DEATH.
 RESIDENT  SHALL  INCLUDE ANY TEMPORARY RESIDENT OF A NURSING HOME WHO IS
 RECEIVING SUBACUTE REHABILITATION CARE OR TEMPORARY REHABILITATION CARE.
   (C) "THE NOVEL CORONAVIRUS PANDEMIC (COVID-19)"  SHALL  REFER  TO  THE
 PERIOD OF THE STATE OF EMERGENCY DECLARED BY EXECUTIVE ORDER TWO HUNDRED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14453-01-2
              

 A. 9100                             2
 
 TWO ON MARCH SEVENTH, TWO THOUSAND TWENTY IN RESPONSE TO THE OUTBREAK OF
 THE NOVEL CORONAVIRUS.
   2.  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, ALL CIVIL
 CLAIMS OR CAUSES OF ACTION BROUGHT BY ANY PERSON FOR DAMAGES  AGAINST  A
 NURSING  HOME  FOR  PERSONAL  INJURIES OR THE DEATH OF A RESIDENT DURING
 COVID-19, INCLUDING AN ACTION PURSUANT TO SECTION  TWENTY-EIGHT  HUNDRED
 ONE-D  OF THE PUBLIC HEALTH LAW, MAY BE COMMENCED WITHIN TWO YEARS AFTER
 THE EFFECTIVE DATE OF THIS SECTION.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed January 1, 2035.