Healthcare organizations and providers in New York have gained immunity from civil and criminal liability during the COVID-19 pandemic.
In a letter to its members, the Greater New York Hospital Association said the Emergency Disaster Treatment Protection Act is included in the fiscal year 2021 state final budget.
Once enacted into the law, the legislation will protect hospitals, nursing homes, administrators, board members, physicians, nurses and other providers from civil and criminal responsibility for decisions or omissions occurring from March 7, when the governor declared an emergency through its expiration.
The legislation covers liability resulting from the care of individuals with and without COVID-19.
It does not grant immunity in cases of "intentional criminal misconduct, gross negligence and other such acts."
But decisions and omission resulting from a resource or staffing shortage that cause harm will be covered under the legislation.