On April 2, 2020, New York passed legislation, entitled "Emergency Disaster Treatment Protection Act," (the "Act") that provides comprehensive immunity from liability to health care professionals and health care facilities. Previously, New York's Governor issued Executive Orders that provided for limited liability for thirty day periods. The Act is retroactive to cover acts or omissions that occurred on or after March 7, 2020, the date of the COVID-19 emergency declaration in New York State , through the expiration date of that declaration.
The stated purpose of the Act, which took effect immediately, is to promote the public health, safety, and welfare of all citizens by broadly protecting the health care facilities and health care professionals in New York State from liability that may result during the public health emergency.
The most significant difference in the Act from the Executive Orders is that the health care facilities, along with volunteer organizations and an expanded class of individuals , are protected from liability. The Act also provides immunity protection from criminal liability in addition to civil liability. Finally, the Act clarifies that the exemption for willful or intentional misconduct does not include acts, omissions, or decisions that result from a resource or staffing shortage. This language will protect professionals and facilities against actions and decisions in rationing medical devices and services, among others.
Read the complete summary provided by MLMIC
