Bill Text: NY A10504 | 2019-2020 | General Assembly | Introduced
Bill Title: Protects addiction service providers from liability during a public health emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-05-22 - referred to health [A10504 Detail]
Download: New_York-2019-A10504-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10504 IN ASSEMBLY May 22, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. L. Rosen- thal) -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to protecting addiction service providers from liability during a public health emergency The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3080 of the public health law, as added by section 2 1 of part GGG of chapter 56 of the laws of 2020, is amended to read as 3 follows: 4 § 3080. Declaration of purpose. A public health emergency that occurs 5 on a statewide basis requires an enormous response from state and feder- 6 al and local governments working in concert with private and public 7 health care providers in the community. The furnishing of treatment of 8 patients during such a public health emergency is a matter of vital 9 state concern affecting the public health, safety and welfare of all 10 citizens. It is the purpose of this article to promote the public 11 health, safety and welfare of all citizens by broadly protecting the 12 health care facilities [and], health care professionals and addiction 13 service providers in this state from liability that may result from 14 treatment of individuals with COVID-19 under conditions resulting from 15 circumstances associated with the public health emergency. 16 § 2. Section 3081 of the public health law is amended by adding a new 17 subdivision 9 to read as follows: 18 9. The term "addiction service provider" shall mean a health care 19 professional who is licensed to provide behavioral health and substance 20 use services by the office of addiction services and supports. 21 § 3. Section 3082 of the public health law, as added by section 1 of 22 part GGG of chapter 56 of the laws of 2020, is amended to read as 23 follows: 24 § 3082. Limitation of liability. 1. Notwithstanding any law to the 25 contrary, except as provided in subdivision two of this section, any 26 health care facility [or], health care professional or addiction service 27 provider shall have immunity from any liability, civil or criminal, for EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16402-01-0A. 10504 2 1 any harm or damages alleged to have been sustained as a result of an act 2 or omission in the course of arranging for or providing health care 3 services, if: 4 (a) the health care facility [or], health care professional or 5 addiction service provider is arranging for or providing health care 6 services pursuant to a COVID-19 emergency rule or otherwise in accord- 7 ance with applicable law; 8 (b) the act or omission occurs in the course of arranging for or 9 providing health care services and the treatment of the individual is 10 impacted by the health care facility's [or], health care professional's 11 or the addiction service provider's decisions or activities in response 12 to or as a result of the COVID-19 outbreak and in support of the state's 13 directives; and 14 (c) the health care facility [or], health care professional or 15 addiction service provider is arranging for or providing health care 16 services in good faith. 17 2. The immunity provided by subdivision one of this section shall not 18 apply if the harm or damages were caused by an act or omission consti- 19 tuting willful or intentional criminal misconduct, gross negligence, 20 reckless misconduct, or intentional infliction of harm by the health 21 care facility [or], health care professional or addiction service 22 provider providing health care services, provided, however, that acts, 23 omissions or decisions resulting from a resource or staffing shortage 24 shall not be considered to be willful or intentional criminal miscon- 25 duct, gross negligence, reckless misconduct, or intentional infliction 26 of harm. 27 3. Notwithstanding any law to the contrary, a volunteer organization 28 shall have immunity from any liability, civil or criminal, for any harm 29 or damages irrespective of the cause of such harm or damage occurring in 30 or at its facility or facilities arising from the state's response and 31 activities under the COVID-19 emergency declaration and in accordance 32 with any applicable COVID-19 emergency rule, unless it is established 33 that such harm or damages were caused by the willful or intentional 34 criminal misconduct, gross negligence, reckless misconduct, or inten- 35 tional infliction of harm by the volunteer organization. 36 § 4. This act shall take effect immediately.
