•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A10840 Summary:

BILL NOA10840
 
SAME ASSAME AS S08835
 
SPONSORRules (Kim)
 
COSPNSRGottfried
 
MLTSPNSR
 
Amd 3081 & 3082, Pub Health L
 
Amends provisions regarding health care facilities and professionals providing care for persons during the COVID-19 emergency.
Go to top    

A10840 Actions:

BILL NOA10840
 
07/20/2020referred to codes
07/22/2020reported referred to rules
07/22/2020reported
07/22/2020rules report cal.352
07/22/2020ordered to third reading rules cal.352
07/23/2020substituted by s8835
 S08835 AMEND= SEPULVEDA
 07/20/2020REFERRED TO RULES
 07/23/2020ORDERED TO THIRD READING CAL.1033
 07/23/2020PASSED SENATE
 07/23/2020DELIVERED TO ASSEMBLY
 07/23/2020referred to codes
 07/23/2020substituted for a10840
 07/23/2020ordered to third reading rules cal.352
 07/23/2020passed assembly
 07/23/2020returned to senate
 07/24/2020DELIVERED TO GOVERNOR
 08/03/2020SIGNED CHAP.134
Go to top

A10840 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10840
 
SPONSOR: Rules (Kim)
  TITLE OF BILL: An act to amend the public health law, in relation to amending provisions regarding health care facilities and professionals during the COVID-19 emergency   PURPOSE: This bill would prospectively modify provisions of L. 2020, c. 56, Part GGG, Public Health Law Article 30-D, which temporarily extends immunity from liability to certain persons and for certain acts or omissions occurring during the period of the state COVID-19 disaster emergency, declaration.   SUMMARY OF PROVISIONS: Bill section one would amend and limit the definition of "health care services" for purposes of the limited immuni- ty provisions in Public Health Law Article 30-D. Bill section two would amend subdivision two of Public Health Law § 3082, "Limitation of Liability," to remove references to "arranging" health care services in paragraphs (a) (b) and (c).   JUSTIFICATION: The unanticipated epidemic of the COVID-19 virus quickly brought chal- lenging and unprecedented circumstances to our state and, in particular, our health care system. As part of the response to this crisis, the state adopted PHL Article 30-D, which provides limited immunity, under some circumstances, with respect to certain health care services provided by certain health care facilities and providers. While New Yorkers as well as our health care providers need to remain careful and vigilant, the peak of the crisis facing our health care system has passed for now, and so, at this time, it is appropriate to moderate the provisions of chapter 56. This bill would narrow the focus and coverage of the immunity provisions in Article 30-D to apply to health care services that relate to the diagnosis or treatment of COVID-19 or the assessment or care of an individual as it relates to COVID 19, when such individual has a confirmed or suspected case of COVID-19. Consistent with the intent to narrow the focus of these provisions, PHL 3082 (2) is amended to remove, prospectively, coverage of the law for persons whose activities involve "arranging" health care services.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None expected.   EFFECTIVE DATE: Immediately and shall apply to claims for harm or damages if the act or omission that causes such harm or damage occurred on or after such effective date; provided however this act shall not apply to any act or omission occurring after the expiration of the COVID-19 emergency decla- ration.
Go to top

A10840 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10840
 
                   IN ASSEMBLY
 
                                      July 20, 2020
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Kim, Gott-
          fried) -- read once and referred to the Committee on Codes
 
        AN ACT  to  amend  the  public  health  law,  in  relation  to  amending
          provisions  regarding  health care facilities and professionals during
          the COVID-19 emergency
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 5 of section 3081 of the public health law, as
     2  added by section 1 of part GGG of chapter 56 of the  laws  of  2020,  is
     3  amended to read as follows:
     4    5. The term "health care services" means services provided by a health
     5  care  facility or a health care professional, regardless of the location
     6  where those services are provided, that relate to:
     7    (a) the diagnosis[, prevention,] or treatment of COVID-19; or
     8    (b) the assessment or care of an individual [with] as  it  relates  to
     9  COVID-19,  when  such  individual  has  a confirmed or suspected case of
    10  COVID-19[; or
    11    (c) the care of any other individual who presents  at  a  health  care
    12  facility  or  to  a  health  care  professional during the period of the
    13  COVID-19 emergency declaration].
    14    § 2. Subdivision 1 of section 3082 of the public health law, as  added
    15  by  section  1 of part GGG of chapter 56 of the laws of 2020, is amended
    16  to read as follows:
    17    1. Notwithstanding any law to the  contrary,  except  as  provided  in
    18  subdivision two of this section, any health care facility or health care
    19  professional  shall have immunity from any liability, civil or criminal,
    20  for any harm or damages alleged to have been sustained as a result of an
    21  act or omission in the course of [arranging  for  or]  providing  health
    22  care services, if:
    23    (a) the health care facility or health care professional is [arranging
    24  for  or]  providing  health  care services in accordance with applicable
    25  law, or where appropriate pursuant to  a  COVID-19  emergency  rule  [or
    26  otherwise in accordance with applicable law];
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16950-06-0

        A. 10840                            2
 
     1    (b)  the  act  or  omission occurs in the course of [arranging for or]
     2  providing health care services and the treatment of  the  individual  is
     3  impacted  by  the  health  care facility's or health care professional's
     4  decisions or activities in response to or as a result  of  the  COVID-19
     5  outbreak and in support of the state's directives; and
     6    (c) the health care facility or health care professional is [arranging
     7  for or] providing health care services in good faith.
     8    §  3. This act shall take effect immediately and shall apply to claims
     9  for harm or damages if the act or omission  that  causes  such  harm  or
    10  damage  occurred  on or after such effective date; provided however this
    11  act shall not apply to any act or omission occurring after  the  expira-
    12  tion of the COVID-19 emergency declaration.
Go to top