Bill S8835

This month Governor Cuomo signed a bill that will reverse a number of liability protections that had previously been given to healthcare professionals,and facilities at the beginning of the COVID-19 pandemic in the State of New York. Bill S8835 eliminates, on a prospective basis, the liability protection for healthcare providers in connection with the following:
1.COVID-19 prevention services
2.The treatment of COVID-19 patients’ comorbidity
3.The treatment of, and decisions made by healthcare providers with respect to, non-COVID-19 patients
4.The arrangement of COVID-19 services to be performed by other providers
5.Decisions made pursuant to the emergency rules that are determined to not be appropriate. The law maintains the previously-enacted protections related to the diagnosis and treatment of COVID-19 patients, as well as protection for healthcare providers “where appropriate pursuant to a COVID-19 emergency rule”.

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