NY State Senate Bill S5177

Archive: Last Bill Status Via A3397 - 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 (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 06, 2021	signed chap.96
Apr 01, 2021	delivered to governor
Mar 24, 2021	returned to assembly passed senate 3rd reading cal.582 substituted for s5177
Mar 24, 2021	substituted by a3397
Mar 18, 2021	advanced to third reading
Mar 17, 2021	2nd report cal.
Mar 16, 2021	1st report cal.582
Feb 25, 2021	referred to health

Votes

Co-Sponsors

S5177 (ACTIVE) - Details

See Assembly Version of this Bill:: A3397
Law Section:: Public Health Law
Laws Affected:: Rpld Art 30-D, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S8497, A10427

S5177 (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.

S5177 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5177               Revised 3/16/17

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.

 
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 to an extraordinary degree. 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 egregiously 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. Repealing this article
is a much-needed step to holding health care administrators accountable
and doing everything possible to stop more preventable deaths from
happening.

Attorney General Letitia James January 2021 report found that Article
30-D may have provided nursing homes with "financial incentives to put
residents at risk of harm by refraining from investing public funds to
obtain sufficient staffing to meet residents' care needs, to purchase
sufficient PPE for staff, and to provide effective training to staff to
comply with infection control protocols during pandemics and other
public health emergencies."' The consequences have been tragic: an esti-
mated 15,000 nursing home residents passed away from COVID.2 This bill
would repeal the protections granted to nursing homes, hospitals, and
other healthcare facilities, as recommended by Attorney General James.

 
PRIOR LEGISLATIVE HISTORY:

2020: S8497/A10427 - Died in Health

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately upon passage.
(1) https://ag.ny.gov/sites/default/files/2021- nursinghomesreport.pdf
(2) https://www.nytimes.com/2021/03/04/nyregion/ cuomo-nursing-home-
deaths.html?  action=click&module=Top%20Stories&pgtype=Homepage

S5177 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5177
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 25, 2021
                                ___________
 
 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.
                                                            LBD02984-01-1

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The New York State Senate

senate Bill S5177

Sponsored By

Archive: Last Bill Status Via A3397 - Signed by Governor

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Votes

Mar 24, 2021 - floor Vote

Floor Vote: Mar 24, 2021

Mar 16, 2021 - Health committee Vote

Health Committee Vote: Mar 16, 2021

Co-Sponsors

S5177 (ACTIVE) - Details

S5177 (ACTIVE) - Summary

S5177 (ACTIVE) - Sponsor Memo

S5177 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5177

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Sponsored By

Alessandra Biaggi

Archive: Last Bill Status Via A3397 - Signed by Governor

Your Voice

Actions

Votes

Mar 24, 2021 - floor Vote

Floor Vote: Mar 24, 2021

Mar 16, 2021 - Health committee Vote

Health Committee Vote: Mar 16, 2021

Co-Sponsors

Leroy Comrie

Jessica Ramos

Julia Salazar

S5177 (ACTIVE) - Details

S5177 (ACTIVE) - Summary

S5177 (ACTIVE) - Sponsor Memo

S5177 (ACTIVE) - Bill Text download pdf

Comments