New York’s Executive Order 202 might not be immediately familiar to most state residents, but its ramifications are.
Gov. Andrew Cuomo signed that legislation early last month. The order focuses on public health law relevant to the unprecedented COVID-19 pandemic.
As noted in a Tarantino Law Firm March 27 blog entry, one key mandate under the executive order was “the grant of qualified immunity from civil liability for virtually all New York medical professionals providing care to COVID-19 patients.”
That safeguard was deemed imperative and protected medical professionals. Liability once became an issue in cases where gross negligence is proven.
According to the recently passed Emergency Disaster Treatment Protection Act, there are even more protections for health care professionals and facilities regarding the treatment of COVID-19 cases. The Emergency Disaster Treatment Protection Act provides for the following:
- Immunity from civil and criminal liability for harm or damages tied to pandemic-linked care that is delivered in good faith, with exceptions only for acts/omissions deemed to be willful, grossly negligent, reckless or purposely intended to harm
- Care delivered during resource or staffing shortage to be immune from all the above claims
- Identical protections extended to volunteer organizations involved in COVID-19 health efforts
- Retroactive applicability back to March 7, 2020
Our team at The Tarantino Law Firm, LLP is diligently working with our clients to provide legal services, and to help healthcare providers during this COVID-19 pandemic. If you are a medical provider or medical facility with questions or need assistance with the Provider Relief Fund, our team can assist you.