Bill Text: NY S08835 | 2019-2020 | General Assembly | Introduced
Bill Title: Amends provisions regarding health care facilities and professionals providing care for persons during the COVID-19 emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-08-03 - SIGNED CHAP.134 [S08835 Detail]
Download: New_York-2019-S08835-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8835 IN SENATE July 20, 2020 ___________ Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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[; or11(c) the care of any other individual who presents at a health care12facility or to a health care professional during the period of the13COVID-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 [arranging24for or] providing health care services in accordance with applicable 25 law, or where appropriate pursuant to a COVID-19 emergency rule [or26otherwise in accordance with applicable law]; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16950-06-0S. 8835 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 [arranging7for 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.