{"id":"DUT-NY-016","kind":"duty","level":"state","jurisdiction":"New York","state":"NY","metro":"","industry":"","agency":"","eco":"","issuer":"New York State Legislature (S. 8835, signed by Governor Cuomo August 3, 2020), amending Public Health Law article 30-D (Emergency or Disaster Treatment Protection Act, enacted April 3, 2020 as Part GGG of chapter 56 of 2020)","authority":"Police power; legislative power over civil and criminal liability","instrument":"Chapter 134 of the Laws of 2020 (S. 8835), amending Public Health Law §§ 3081(5) and 3082(1) (Emergency or Disaster Treatment Protection Act)","title":"An act to amend the public health law, in relation to amending provisions regarding health care facilities and professionals during the COVID-19 emergency","dateIssued":"2020-08-03","effective":"2020-08-03 (amendment); article 30-D from April 3, 2020","end":"2021-04-06 (article 30-D repealed by L. 2021, ch. 96, Ex. DUT-NY-018)","startDate":"2020-08-03","endDate":"2021-04-06","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2"],"types":["DUTY","HC","COND"],"addressees":["health care facilities and health care professionals only (Public Health Law § 3081); no general business shield was enacted in New York"],"clause":"any health care facility or health care professional shall have immunity from any liability, civil or criminal, for any harm or damages alleged to have been sustained as a result of an act or omission in the course of providing health care services, if: (a) the health care facility or health care professional is providing health care services in accordance with applicable law, or where appropriate pursuant to a COVID-19 emergency rule","enforcement":"Loss of immunity: a facility or professional not acting \u0027in accordance with applicable law\u0027 or the COVID-19 emergency rules answered in ordinary civil and criminal liability","functions":[],"notes":"Conditioned New York\u0027s only COVID-19 liability shield on compliance: immunity for a health care facility or professional only where the services were provided \u0027in accordance with applicable law, or where appropriate pursuant to a COVID-19 emergency rule\u0027 (original April 3, 2020 text: \u0027pursuant to a COVID-19 emergency rule or otherwise in accordance with applicable law\u0027), where \u0027the treatment of the individual is impacted by the health care facility\u0027s or health care professional\u0027s decisions or activities in response to or as a result of the COVID-19 outbreak and in support of the state\u0027s directives,\u0027 and where the services were provided \u0027in good faith\u0027; the August 3, 2020 amendment narrowed \u0027health care services\u0027 to the diagnosis or treatment of COVID-19 and the care of confirmed or suspected cases.","sourceUrl":"","snapshot":"","fileExists":true,"fileBytes":52687,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-NY","url":"/library/DUT-NY-016","exhibitUrl":"/exhibit/DUT-NY-016","citation":"New York State Legislature (S. 8835, signed by Governor Cuomo August 3, 2020), amending Public Health Law article 30-D (Emergency or Disaster Treatment Protection Act, enacted April 3, 2020 as Part GGG of chapter 56 of 2020), Chapter 134 of the Laws of 2020 (S. 8835), amending Public Health Law §§ 3081(5) and 3082(1) (Emergency or Disaster Treatment Protection Act) (Aug. 3, 2020) (Ex. DUT-NY-016)","stateName":"New York","related":["DUT-NY-018"]}