S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3582
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by  M. of A. KIM, BURGOS, SEAWRIGHT, JACOBSON, SIMON, GONZA-
   LEZ-ROJAS, J. M. GIGLIO, DAVILA, DeSTEFANO -- read once  and  referred
   to the Committee on Judiciary
 
 AN  ACT  to  amend  the  public health law and the state finance law, in
   relation to enacting the Justice for  Nursing  Home  Victims  act;  to
   amend  the  public health law and the civil practice law and rules, in
   relation to the responsibilities of nursing  homes  during  pandemics;
   making an appropriation therefor; 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. Short title. This act shall be known and may  be  cited  as
 the "Justice for Nursing Home Victims act".
   §  2.  The public health law is amended by adding a new section 2808-f
 to read as follows:
   § 2808-F. NURSING HOME  RESIDENT  COVID-19  COMPENSATION  PROGRAM.  1.
 DEFINITIONS.  THE FOLLOWING TERMS AS USED IN THIS SECTION SHALL HAVE THE
 FOLLOWING MEANINGS, UNLESS THE CONTEXT OTHERWISE REQUIRES:
   (A) "CLAIMANT" MEANS AN INDIVIDUAL FILING  A  CLAIM  FOR  COMPENSATION
 UNDER  THIS  SECTION  AND  WHO IS A STATUTORY BENEFICIARY OF AN ELIGIBLE
 NURSING HOME RESIDENT.
   (B) "COLLATERAL SOURCE" MEANS ALL COLLATERAL SOURCES,  INCLUDING  LIFE
 INSURANCE, PENSION FUNDS, DEATH BENEFIT PROGRAMS, AND PAYMENTS BY FEDER-
 AL,  STATE,  OR LOCAL GOVERNMENTS RELATED TO INJURY OR DEATH AS A RESULT
 OF HAVING COVID-19.
   (C) "ELIGIBLE NURSING HOME RESIDENT" MEANS A DECEDENT WHO WAS A  RESI-
 DENT  OF  A  NURSING  HOME  LOCATED  IN THE STATE AND COVID-19 CAUSED OR
 CONTRIBUTED TO SUCH RESIDENT'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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06054-01-3
              

 A. 3582                             2
 
 ASSISTANT  AUTHORIZED  TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING
 THE DECLARED COVID-19 STATE OF EMERGENCY WHO DETERMINES WITH  A  REASON-
 ABLE  DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO
 THE  RESIDENT'S DEATH.  ELIGIBLE NURSING HOME RESIDENT SHALL INCLUDE ANY
 TEMPORARY RESIDENT OF A NURSING HOME WHO IS RECEIVING  SUBACUTE REHABIL-
 ITATION CARE OR TEMPORARY REHABILITATION CARE.
   (D) "THE DECLARED COVID-19 STATE OF  EMERGENCY"  SHALL  REFER  TO  THE
 PERIOD OF THE STATE OF EMERGENCY DECLARED BY EXECUTIVE ORDER TWO HUNDRED
 TWO ON MARCH SEVENTH, TWO THOUSAND TWENTY IN RESPONSE TO THE OUTBREAK OF
 THE NOVEL CORONAVIRUS.
   2. COMPENSATION PROGRAM. THE DEPARTMENT SHALL ESTABLISH AND MAINTAIN A
 NURSING  HOME  RESIDENT  COVID-19  COMPENSATION  PROGRAM TO PROVIDE FULL
 COMPENSATION TO ANY ELIGIBLE NURSING HOME RESIDENT  OR  THEIR  STATUTORY
 BENEFICIARY.
   3. ADMINISTRATION. (A) THE COMMISSIONER SHALL ESTABLISH A COMMITTEE TO
 ADMINISTER THE NURSING HOME RESIDENT COVID-19 COMPENSATION PROGRAM. SUCH
 COMMITTEE SHALL:
   (I)  ADMINISTER  THE COMPENSATION PROGRAM ESTABLISHED PURSUANT TO THIS
 SECTION;
   (II) PROMULGATE ALL PROCEDURAL AND SUBSTANTIVE RULES FOR THE  ADMINIS-
 TRATION OF THIS SECTION; AND
   (III)  EMPLOY  AND SUPERVISE HEARING OFFICERS AND OTHER ADMINISTRATIVE
 PERSONNEL TO PERFORM THE DUTIES ESTABLISHED PURSUANT TO THIS SECTION.
   (B) THE COMMISSIONER SHALL APPOINT A CHAIRPERSON AND NO MORE THAN  TWO
 VICE-CHAIRPERSONS.  THE  COMMISSIONER SHALL FIX THE ANNUAL SALARY OF THE
 CHAIRPERSON AND SHALL BE REIMBURSED FOR ALL EXPENSES ACTUALLY AND NECES-
 SARILY INCURRED BY HIM OR HER IN THE PERFORMANCE OF HIS  OR  HER  DUTIES
 HEREUNDER,  WITHIN  THE AMOUNT MADE AVAILABLE BY APPROPRIATION THEREFOR.
 THE OTHER MEMBERS OF THE COMMITTEE SHALL  RECEIVE  NO  COMPENSATION  FOR
 THEIR  SERVICES  BUT  SHALL  BE REIMBURSED FOR ALL EXPENSES ACTUALLY AND
 NECESSARILY INCURRED BY THEM IN THE PERFORMANCE OF  THEIR  DUTIES  HERE-
 UNDER WITHIN THE AMOUNT MADE AVAILABLE BY APPROPRIATION THEREFOR.
   (C)  THE  COMMITTEE SHALL ESTABLISH A SUBCOMMITTEE, TO BE KNOWN AS THE
 ELIGIBILITY COMMITTEE. THE ELIGIBILITY COMMITTEE SHALL  BE  COMPOSED  OF
 SEVEN  MEMBERS. FIVE MEMBERS SHALL BE APPOINTED JOINTLY BY THE TEMPORARY
 PRESIDENT OF THE SENATE AND THE SPEAKER OF  THE  ASSEMBLY  OF  WHICH  AT
 LEAST TWO SHALL BE MENTAL HEALTH PROFESSIONALS AND AT LEAST ONE SHALL BE
 AN  INFECTIOUS  DISEASE CLINICIAN, AND TWO MEMBERS SHALL BE APPOINTED BY
 THE GOVERNOR. THE ELIGIBILITY COMMITTEE, IN CONSULTATION WITH THE CHAIR-
 PERSON, SHALL DETERMINE IN ACCORDANCE  WITH  SUBDIVISION  FOUR  OF  THIS
 SECTION,  THE  REQUIREMENTS NEEDING TO BE MET TO BE ELIGIBLE FOR COMPEN-
 SATION UNDER THIS SECTION AND HEAR AND DECIDE APPEALS  BROUGHT  PURSUANT
 TO SUBDIVISION FOUR OF THIS SECTION.
   4. DETERMINATION OF ELIGIBILITY FOR COMPENSATION. (A) A CLAIMANT SHALL
 FILE A CLAIM FOR COMPENSATION UNDER THIS SECTION WITH THE COMMITTEE. THE
 CLAIM  SHALL  BE ON THE FORM DEVELOPED PURSUANT TO PARAGRAPH (B) OF THIS
 SUBDIVISION AND SHALL  STATE  THE  FACTUAL  BASIS  FOR  ELIGIBILITY  FOR
 COMPENSATION AND THE AMOUNT OF COMPENSATION SOUGHT.
   (B)  THE COMMITTEE SHALL DEVELOP A CLAIM FORM THAT CLAIMANTS SHALL USE
 WHEN SUBMITTING CLAIMS UNDER PARAGRAPH  (A)  OF  THIS  SUBDIVISION.  THE
 CHAIRPERSON  SHALL ENSURE THAT SUCH FORM CAN BE FILED ELECTRONICALLY, IF
 DETERMINED TO BE PRACTICABLE. SUCH FORM DEVELOPED SHALL REQUEST:
   (I) INFORMATION FROM THE CLAIMANT CONFIRMING THE ELIGIBLE NURSING HOME
 RESIDENT'S DEATH AS A RESULT OF CONTRACTING COVID-19 IN A NURSING HOME;
 A. 3582                             3
 
   (II) INFORMATION REGARDING  COLLATERAL  SOURCES  OF  COMPENSATION  THE
 CLAIMANT  HAS  RECEIVED  OR  IS  ENTITLED TO RECEIVE AS A RESULT OF SUCH
 ELIGIBLE NURSING HOME RESIDENT'S DEATH; AND
   (III)  INFORMATION  FROM  THE CLAIMANT CONFIRMING THEY ARE A STATUTORY
 BENEFICIARY OF THE DECEASED ELIGIBLE NURSING HOME RESIDENT.
   (C) THE COMMITTEE SHALL REVIEW A  CLAIM  SUBMITTED  PURSUANT  TO  THIS
 SUBDIVISION  AND,  WITH RESPECT TO A RESIDENT OF THE NURSING HOME DETER-
 MINED IF SUCH RESIDENT IS AN ELIGIBLE  INDIVIDUAL,  AND  THE  AMOUNT  OF
 COMPENSATION TO WHICH THE CLAIMANT IS ENTITLED TO UNDER THIS SECTION.
   (D)  NO  LATER THAN ONE HUNDRED TWENTY DAYS AFTER THAT DATE ON WHICH A
 CLAIM IS FILED UNDER PARAGRAPH (A) OF THIS SUBDIVISION, THE  CHAIRPERSON
 SHALL  COMPLETE  A  REVIEW,  MAKE  A  DETERMINATION, AND PROVIDE WRITTEN
 NOTICE TO THE CLAIMANT, WITH  RESPECT  TO  THE  MATTERS  THAT  WERE  THE
 SUBJECT  OF  THE CLAIM UNDER REVIEW. SUCH A DETERMINATION SHALL BE FINAL
 AND NOT SUBJECT TO JUDICIAL REVIEW, EXCEPT THAT A  CLAIMANT  MAY  APPEAL
 THE CHAIRPERSON'S DETERMINATION TO THE ELIGIBILITY COMMITTEE ESTABLISHED
 UNDER PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION.
   (E)  THE  AMOUNT OF THE COMPENSATION AWARDED UNDER THIS SECTION IN THE
 CASE OF A CLAIMANT SHALL BE:
   (I) A DEATH BENEFIT OF TWO HUNDRED FIFTY THOUSAND DOLLARS PAID TO  THE
 ESTATE OF THE ELIGIBLE NURSING HOME RESIDENT; AND
   (II)  AN ADDITIONAL DEATH BENEFIT OF ONE HUNDRED THOUSAND DOLLARS PAID
 TO THE SPOUSE AND EACH DEPENDENT OF THE ELIGIBLE NURSING HOME RESIDENT.
   (F) A CLAIMANT WHO FILES AN APPEAL PURSUANT TO PARAGRAPH (D)  OF  THIS
 SUBDIVISION  SHALL  HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY; THE
 RIGHT TO PRESENT EVIDENCE, INCLUDING THE PRESENTATION OF  WITNESSES  AND
 DOCUMENTS;  AND  ANY  OTHER DUE PROCESS RIGHTS DETERMINED APPROPRIATE BY
 THE CHAIRPERSON.
   (G) THE CHAIRPERSON SHALL NOT INCLUDE AMOUNTS FOR PUNITIVE DAMAGES  IN
 ANY COMPENSATION PAID UNDER A CLAIM PURSUANT TO THIS SECTION.
   (H)  THE  CHAIRPERSON  SHALL, WITH RESPECT TO EACH CLAIMANT, AWARD THE
 FULL AMOUNT OF THE COMPENSATION DETERMINED PURSUANT TO PARAGRAPH (E)  OF
 THIS  SUBDIVISION AND SHALL NOT IMPOSE A CAP ON THE TOTAL AMOUNT OF SUCH
 COMPENSATION.
   (I) A RESIDENT SHALL BE DETERMINED TO  BE  AN  ELIGIBLE  NURSING  HOME
 RESIDENT FOR PURPOSES OF THIS SECTION IF THE CHAIRPERSON DETERMINES THAT
 SUCH CLAIMANT, DURING THE COVID-19 EMERGENCY PERIOD, WAS A RESIDENT OF A
 NEW  YORK  STATE  NURSING  HOME  FACILITY WHO DIED AS A RESULT OF HAVING
 COVID-19. A CLAIMANT SHALL BE  DETERMINED  TO  BE  ELIGIBLE  TO  RECEIVE
 COMPENSATION  UNDER  THIS PROGRAM IF THEY ARE A REPRESENTATIVE ACTING ON
 BEHALF OF A DECEASED ELIGIBLE NURSING HOME RESIDENT AND ARE A  STATUTORY
 BENEFICIARY OF SUCH RESIDENT.
   (J) NO MORE THAN ONE CLAIM SHALL BE SUBMITTED PURSUANT TO THIS SECTION
 WITH RESPECT TO COMPENSATION ARISING FROM THE DEATH OF AN ELIGIBLE NURS-
 ING HOME RESIDENT.
   5.  PAYMENTS  TO  ELIGIBLE  INDIVIDUALS. (A) NO LATER THAN TWENTY DAYS
 AFTER THE DATE ON WHICH A  DETERMINATION  IS  MADE  BY  THE  CHAIRPERSON
 REGARDING  THE  AMOUNT  OF  COMPENSATION  DUE  TO  A CLAIMANT UNDER THIS
 SECTION, THE  COMMISSIONER  OF  TAXATION  AND  FINANCE  SHALL  AUTHORIZE
 PAYMENT  TO SUCH CLAIMANT OF THE AMOUNT DETERMINED FROM THE NURSING HOME
 RESIDENT COVID-19 COMPENSATION  FUND  ESTABLISHED  PURSUANT  TO  SECTION
 NINETY-EIGHT-D OF THE STATE FINANCE LAW.
   6.  REGULATIONS. NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF
 THIS SECTION, THE COMMITTEE,  IN  CONSULTATION  WITH  THE  COMMISSIONER,
 SHALL  PROMULGATE  RULES  AND REGULATIONS TO CARRY OUT THE PROVISIONS OF
 THIS SECTION, INCLUDING RULES AND REGULATIONS WITH RESPECT TO:
 A. 3582                             4
 
   (A) FORMS TO BE USED IN SUBMITTING CLAIMS UNDER THIS SECTION;
   (B) THE INFORMATION TO BE INCLUDED IN SUCH FORMS;
   (C) PROCEDURES FOR HEARING AND THE PRESENTATION OF EVIDENCE;
   (D)  PROCEDURES  TO ASSIST AN INDIVIDUAL IN FILING AND PURSUING CLAIMS
 UNDER THIS SECTION; AND
   (E) OTHER MATTERS DETERMINED APPROPRIATE BY THE COMMISSIONER.
   7. RIGHT OF SUBROGATION. THE STATE SHALL HAVE THE RIGHT OF SUBROGATION
 WITH RESPECT TO ANY CLAIM PAID  BY  THE  COMMISSIONER  OF  TAXATION  AND
 FINANCE PURSUANT TO THIS SECTION.
   §  3.  Article  21 of the public health law is amended by adding a new
 title 9 to read as follows:
                                  TITLE IX
             RESPONSIBILITIES OF NURSING HOME DURING PANDEMICS
 SECTION 2187. DEFINITIONS.
         2188. RESPONSIBILITIES OF NURSING HOME DURING PANDEMICS.
   § 2187. DEFINITIONS. THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS
 ARTICLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE,  THE
 MEANINGS GIVEN TO THEM IN THIS SECTION:
   1.  "PUBLIC  HEALTH  EMERGENCY"  MEANS ANY DECLARED STATE OF EMERGENCY
 MADE IN RESPONSE TO AN OUTBREAK  OF  AN  INFECTIOUS  DISEASE  AND  SHALL
 INCLUDE THE NOVEL CORONAVIRUS OUTBREAK, COVID-19.
   2.  "NURSING  HOME"  SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
 TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER AND SHALL INCLUDE ADULT  HOMES,
 ENRICHED  HOUSING  PROGRAMS,  ASSISTED LIVING RESIDENCES AND RESIDENTIAL
 HEALTH CARE FACILITIES AS DEFINED IN SUCH SECTION.
   3. "RESIDENT" MEANS A RESIDENT OF A NURSING HOME LOCATED IN THE  STATE
 AND  AN  INFECTIOUS  DISEASE  CAUSED  OR  CONTRIBUTED TO SUCH RESIDENT'S
 DEATH, AS DOCUMENTED ON SUCH RESIDENT'S DEATH CERTIFICATE, OR AS  CERTI-
 FIED  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  PUBLIC
 HEALTH  EMERGENCY  WHO  DETERMINES  WITH  A REASONABLE DEGREE OF MEDICAL
 CERTAINTY THAT THE INFECTIOUS DISEASE CAUSED OR CONTRIBUTED TO THE RESI-
 DENT'S DEATH.  RESIDENT SHALL INCLUDE ANY TEMPORARY RESIDENT OF A  NURS-
 ING  HOME  WHO  IS  RECEIVING  SUBACUTE REHABILITATION CARE OR TEMPORARY
 REHABILITATION CARE.
   4. "DOMESTIC PARTNER" SHALL HAVE THE  SAME  MEANING  AS  CONTAINED  IN
 SECTION TWENTY-NINE HUNDRED SIXTY-ONE OF THIS CHAPTER.
   §   2188.  RESPONSIBILITIES  OF  NURSING  HOME  DURING  PANDEMICS.  1.
 NOTWITHSTANDING ANY LAW, RULE, EXECUTIVE ORDER,  OR  REGULATION  TO  THE
 CONTRARY, DURING A PUBLIC HEALTH EMERGENCY EVERY NURSING HOME SHALL:
   (A) COMPLY WITH ALL STATE AND FEDERAL STATUTES AND REGULATIONS, EXECU-
 TIVE  ORDERS  AND  CENTERS FOR DISEASE CONTROL AND PREVENTION GUIDELINES
 ISSUED IN RESPONSE TO SUCH PUBLIC HEALTH EMERGENCY; AND
   (B) FOLLOW ALL BASIC INFECTION CONTROL PROTOCOLS AND GUIDELINES RELAT-
 ING TO PROPER INFECTION PREVENTION AND CONTROL.
   2. IN AN ACTION TO RECOVER DAMAGES FROM A NURSING HOME FOR THE  WRONG-
 FUL  DEATH  OF A RESIDENT DURING A PUBLIC HEALTH EMERGENCY, PROOF THAT A
 NURSING HOME FAILED TO COMPLY WITH ANY OF THE FOLLOWING AS  THEY  RELATE
 TO  THE  PUBLIC  HEALTH EMERGENCY SHALL BE PRESUMED TO BE NEGLIGENCE AND
 THE CAUSE OF THE RESIDENT CONTRACTING THE INFECTIOUS DISEASE:
   (A) STATE OR FEDERAL STATUTES OR REGULATIONS;
   (B) EXECUTIVE ORDERS;
   (C) CENTERS FOR DISEASE CONTROL AND PREVENTION GUIDELINES; OR
 A. 3582                             5
 
   (D) BASIC INFECTION CONTROL PRACTICES, RELATING  TO  PROPER  INFECTION
 PREVENTION AND CONTROL PRACTICES.
   3.  THE PRESUMPTION ESTABLISHED BY THIS ARTICLE SHALL ONLY BE REBUTTED
 BY CREDIBLE AND RELIABLE EVIDENCE WHICH ESTABLISHES THAT THE  RESIDENT'S
 OWN  CONDUCT  WAS  THE  SOLE PROXIMATE CAUSE OF THE RESIDENT CONTRACTING
 SUCH DISEASE.
   4. IN ADDITION TO ANY OTHER LAWFUL ELEMENT  OF  DAMAGES  THAT  MAY  BE
 RECOVERABLE  BY  REASON  OF  THE  DEATH  OF THE RESIDENT, THE RESIDENT'S
 SURVIVING GRANDPARENTS, PARENTS,  SIBLINGS,  SPOUSE,  DOMESTIC  PARTNER,
 CHILDREN  AND  GRANDCHILDREN  SHALL  BE  ENTITLED TO RECOVER DAMAGES FOR
 THEIR RESPECTIVE NON-PECUNIARY INJURIES,  INCLUDING:  GRIEF  OR  ANGUISH
 CAUSED  BY  THE  RESIDENT'S  DEATH,  AND FOR ANY DISORDER CAUSED BY SUCH
 GRIEF OR ANGUISH, LOSS OF LOVE, SOCIETY, PROTECTION, COMFORT, COMPANION-
 SHIP, AND CONSORTIUM RESULTING FROM THE RESIDENT'S DEATH;  AND  LOSS  OF
 NURTURE,  GUIDANCE,  COUNSEL,  ADVICE, TRAINING, AND EDUCATION RESULTING
 FROM THE RESIDENT'S DEATH. ANY SUCH  CLAIM  FOR  NON-PECUNIARY  INJURIES
 SHALL BE BROUGHT BY THE RESIDENTS' PERSONAL REPRESENTATIVE.
   5.  ANY  AGREEMENT PURPORTING TO LIMIT THE LIABILITY OF A NURSING HOME
 FOR DAMAGES OR PURPORTING TO LIMIT THE REMEDIES OF THE RESIDENT OR THOSE
 SEEKING DAMAGES PURSUANT TO THIS ARTICLE IS CONTRARY TO THE PUBLIC POLI-
 CY OF THIS STATE AND ABSOLUTELY VOID.
   6. 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 THE
 NOVEL CORONAVIRUS OUTBREAK, COVID-19, INCLUDING AN  ACTION  PURSUANT  TO
 SECTION  TWENTY-EIGHT  HUNDRED  ONE-D  OF THIS CHAPTER, MAY BE COMMENCED
 WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE.
   § 4. The state finance law is amended by adding a new section 98-d  to
 read as follows:
   § 98-D. NURSING HOME RESIDENT COVID-19 COMPENSATION FUND. 1.  THERE IS
 HEREBY  ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION
 AND FINANCE AND THE COMPTROLLER A FUND TO BE KNOWN AS THE "NURSING  HOME
 RESIDENT COVID-19 COMPENSATION FUND".
   2.  THE  SOURCES OF FUNDS SHALL CONSIST OF ALL MONEYS COLLECTED THERE-
 FOR, OR MONEYS CREDITED, APPROPRIATED OR TRANSFERRED  THERETO  FROM  THE
 GENERAL  FUND,  ANY  OTHER  FUND  OR SOURCE PURSUANT TO LAW OR ANY OTHER
 MONEYS MADE AVAILABLE FOR THE PURPOSES OF THE FUND. NOTHING CONTAINED IN
 THIS SECTION SHALL PREVENT THE STATE FROM  RECEIVING  GRANTS,  GIFTS  OR
 BEQUESTS  FOR  THE  PURPOSES  OF THE FUND AS DEFINED IN THIS SECTION AND
 DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
   3. MONEYS WITHIN THE NURSING HOME RESIDENT COVID-19 COMPENSATION  FUND
 SHALL  BE  MADE  AVAILABLE  TO THE COMMISSIONER OF PUBLIC HEALTH FOR THE
 ADMINISTRATION  OF  THE  NURSING  HOME  RESIDENT  COVID-19  COMPENSATION
 PROGRAM  PURSUANT  TO SECTION TWENTY-EIGHT HUNDRED EIGHT-F OF THE PUBLIC
 HEALTH LAW.
   4. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF PUBLIC HEALTH.
   § 5. 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. 3582                             6
 
   (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
 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.
   § 6. The sum of four billion dollars ($4,000,000,000) is hereby appro-
 priated  to  the nursing home resident COVID-19 compensation fund out of
 any moneys in the state treasury in the general fund to  the  credit  of
 the  state  purposes account, not otherwise appropriated, and made imme-
 diately available, for the purpose of carrying  out  the  provisions  of
 this  act.  Such moneys shall be payable on the audit and warrant of the
 comptroller on vouchers certified or approved  by  the  commissioner  of
 health in the manner prescribed by law.
   §  7.  This  act shall take effect immediately and shall expire and be
 deemed repealed January 1, 2037.