Bloomberg Law
Aug. 4, 2020, 1:04 AM

New York Limits Liability Shield for Nursing Home Workers

Keshia Clukey
Keshia Clukey

New York Gov. Andrew Cuomo on Monday signed legislation scaling back civil liability protections provided to nursing home and other health-care workers during the coronavirus pandemic.

The measure (S.8835/A.10840) clarifies the original intent of a law known as the “Emergency or Disaster Treatment Protection Act,” ensuring that temporary immunity related to the injury or death of patients is only granted to health-care professionals who are providing actual care and treatment related to Covid-19.

The immunity would not apply if the harm or damages were caused by “an act or omission constituting willful or intentional criminal misconduct, gross negligence, ...

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