In late March, at the peak of the COVID-19 pandemic in NY, New York's Budget bill was approved. Sadly, it contains a provision that provides legal protections for nursing homes, shielding them from lawsuits over their failure to protect residents from death and illness. The bill grants qualified immunity to nursing homes, administrators, board members, physicians, nurses, and many other providers from civil and criminal liability arising from decisions, acts, and omissions occurring from the beginning of the Governor’s emergency declaration on March 7 through its expiration, and covers liability stemming from the care of individuals with AND without COVID-19.

Bill A10427, co-sponsored by 17 Assembly members, would repeal this provision. We implore NY legislators to support this bill to revoke nursing homes' immunity.

To make matters worse, immunity for long-term care facilities also is being considered on a federal level.

Granting immunity to nursing homes strips residents and their families of their right to hold facilities accountable for substandard care or neglect through the legal system, placing residents at even greater risk than they already are. 

Why is immunity harmful to nursing home residents?

Liability for poor care serves as an important check on nursing homes. Now, as oversight is virtually non-existent in nursing homes, legal liability is the last remaining tool for residents and their representatives to hold facilities accountable for substandard care.
The possibility of legal action helps to discourage bad practices by nursing homes.
For the sake of friends and families in nursing homes, as well as those nursing home residents who have no family members or friends to advocate on their behalf, we beseech New York legislators to support this amendment to repeal immunity for nursing homes and implore Members of the Committee on the Judiciary to oppose efforts to grant similar immunity on a federal level.