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Ex. DUT-NY-016 Standing duty Primary source read

Chapter 134 of the Laws of 2020 (S. 8835), amending Public Health Law §§ 3081(5) and 3082(1) (Emergency or Disaster Treatment Protection Act)

An act to amend the public health law, in relation to amending provisions regarding health care facilities and professionals during the COVID-19 emergency

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) · New York (State)

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The record

Jurisdiction
New York
Level
State
Authority
Police power; legislative power over civil and criminal liability
Issued
2020-08-03 Aug. 3, 2020
Effective
2020-08-03 (amendment); article 30-D from April 3, 2020 (read as 2020-08-03)
End
2021-04-06 (article 30-D repealed by L. 2021, ch. 96, Ex. DUT-NY-018) (read as 2021-04-06)
In force
Aug. 3, 2020 to Apr. 6, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Health care ordersStanding dutyOperating condition
Addressees
  • health care facilities and health care professionals only (Public Health Law § 3081); no general business shield was enacted in New York
Character
liability shield condition
Collection
Standing duties: New York DUT-NY

Operative words

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

Penalty

Loss of immunity: a facility or professional not acting 'in accordance with applicable law' or the COVID-19 emergency rules answered in ordinary civil and criminal liability

What it required

Conditioned New York's only COVID-19 liability shield on compliance: immunity for a health care facility or professional only where the services were provided 'in accordance with applicable law, or where appropriate pursuant to a COVID-19 emergency rule' (original April 3, 2020 text: 'pursuant to a COVID-19 emergency rule or otherwise in accordance with applicable law'), where 'the treatment of the individual is impacted by the health care facility's or health care professional's decisions or activities in response to or as a result of the COVID-19 outbreak and in support of the state's directives,' and where the services were provided 'in good faith'; the August 3, 2020 amendment narrowed 'health care services' to the diagnosis or treatment of COVID-19 and the care of confirmed or suspected cases.

Retrieval note

Chapter number and date verified on the Assembly's bill-status page ('DELIVERED TO GOVERNOR 08/03/2020 SIGNED CHAP.134'); the enacting chapter (ch. 56 of 2020, S. 7506-B, 'SIGNED CHAP.56' Apr. 3, 2020) is a 1.6 MB budget-bill page and was not rendered; the original words of § 3082(1)(a) are carried in brackets in this exhibit. the page content is the Assembly's text of S. 8835. Whether article 30-D applied retroactively to March 7, 2020 was not read in this session.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.