Nationwide State Survey of Healthcare Immunity Related to COVID-19

By V. Christopher Potenza, Esq.; Stephanie L. McCance, Esq.; and Ryan P. Maxwell, Esq.

As the nation’s COVID-19 hotspot, New York has issued several Executive Orders and Department of Health Directives implementing various healthcare directives to combat the virus pandemic. To sum our prior analysis of these,  Governor Cuomo has issued sweeping immunity for healthcare facilities—including hospitals, nursing homes, and adult care facilities—and medical personnel—including physicians, nurses, and administrative employees—from legal liability related to their conduct in dealing with COVID-19, with exceptions for gross negligence and willful misconduct.

However, New York is not alone in introducing legislative efforts to both assist and regulate healthcare facilities and providers in response to COVID-19. Many states have enacted similar such provisions, or already had such provisions in place, and we aim to provide a succinct summary of each of these here.

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