Nursing Home Legal Alert - 4/27/20

An important message from the Hurwitz & Fine COVID-19 Response Team

Recent Executive Orders and Immunity for Hospitals and Nursing Homes Dealing With COVID-19

By Stephanie L. McCance, Esq.
 

As New York’s hospitals and nursing homes face mounting pressure in providing an appropriate response to the COVID-19 pandemic, Governor Cuomo and the New York State Health Department have issued several Executive Orders and Health Directives addressing the expectations of care to be provided to residents in such times, and the liability that facilities may face if they fall short.

Immunity Extended to Healthcare Facilities

We previously discussed Executive Order 202.10 here, which grants immunity to individual health care workers from medical malpractice actions arising from the COVID-19 pandemic. This immunity was recently extended to hospitals, nursing homes, and other facilities licensed or authorized under Article 28 of the Public Health Law and Articles 16 and 31 of the Mental Hygiene Law, through the newly enacted Article 30-D of the Public Health Law, entitled the ‘Emergency or Disaster Treatment Protection Act.’

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As a public service, we are pleased to present this legal alert, which aims to provide our clients and subscribers with timely information on how the COVID-19 pandemic may impact medical and nursing home claims.  In some jurisdictions, newsletters such as this may be considered: Attorney Advertising.
 
If you know of others who may wish to subscribe to these legal alerts, please feel free to forward it. If you wish to subscribe or unsubscribe, please do so at the bottom of this newsletter.

Your COVID-19 Medical & Nursing Home Defense Team
is here to answer your questions:
V. Christopher Potenza, Esq. ([email protected])
Patrick B. Curran, Esq. ([email protected])
Stephanie L. McCance, Esq. ([email protected])

COVID-19 Business Interruption Team:
Steven E. Peiper, Esq. ([email protected])
Dan D. Kohane, Esq. ([email protected])
Lee S. Siegel, Esq. ([email protected])
Ryan P. Maxwell, Esq. ([email protected])

COVID-19 Labor & Employment Team:
Ann E. Evanko, Esq. ([email protected])
Andrea Schillaci, Esq. ([email protected])