NYS Legislature waives liability in negligence for all COVID-19 health providers and facilities during State of Emergency.
The New York State Legislature, in cooperation with Governor Andrew Cuomo, on April 2, 2020, just passed a 2020-21 Fiscal Year New York State Budget. As all are aware, New York State is under a declaration of a “COVID-19 State of Emergency,” per the Governor’s statutory authority in a time of health crisis, as set forth here:
https://www.governor.ny.gov/news/no-202-declaring-disaster-emergency-state-new-york
As part of this new New York State budget, enabling legislation was adopted and signed into law that waives liability for the duration of the declared COVID-19 state of emergency for all health providers and facilities affected by the COVID-19 outbreak in New York State. This affects not only COVID-19 patients, but any patient who presents at an affected healthcare facility or to a healthcare professional (doctor, physician assistant, nurse practitioner, nurse, therapist, technician, etc.), in New York during the period of the COVID-19 emergency declaration. The only exemption to this liability waiver is for instances of “gross negligence,” which, under New York State law, does exist but imposes an incredibly high burden of proof upon anyone attempting to make a claim for personal injury pursuant to it. See, Anzolone v. Long Island Care Center, Inc., 26 A.D.3d 449 (2d Dept. 2006) [gross negligence in a medical malpractice setting requires proof that defendant abandoned the patient and/or defendant’s conduct was "wanton or malicious" or "activated by evil or reprehensible motives"].
A complete copy of this new COVID-19 negligence liability waiver signed into law on April 2, 2020, in the N.Y.S. Budget legislation is available by link here, at “Part GGG,” at Page 346 of the bill: