New York state budget provision bans families from suing nursing homes over coronavirus

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    • #315402

      Aides to New York Gov. Andrew Cuomo (D) reportedly added a provision to the state’s newly approved budget that prevents residents from suing nursing homes over allegations of negligence related to the coronavirus outbreak.

      The New York Times reported Thursday that the provision, which many lawmakers reportedly did not know was in the final bill until after it passed, prevents basic legal action against long-term care homes over issues such as staffing shortages or insufficient equipment. Greater crimes such as gross negligence or criminal misconduct can still be legally challenged, the Times noted.

      Experts told the newspaper that the provision eliminates oversight over nursing homes at a time when regulators have already largely stopped inspecting state facilities.

      “All of the systems there to protect people are gone,” Toby Edelman, a senior policy attorney at the Center for Medicare Advocacy told the Times. “To me, the combination — rules are waived, protections are waived, nobody is going in to check. And now immunity? That is a lethal combination.”



    • #315410
      retired liberal

      Can’t be costing the Nursing Home administrators too much money now can we?

      We are an arrogant species, believing our fantasy based "facts" are better than the other person's fake facts.

      If you are wrong, it will be because you are not cynical enough.

      Both major political parties are special interest groups enabling each other for power and money, at the expense of the people they no longer properly serve…

    • #315440

      No one should be able to sue anyone unless there is evidence of malpractice. That law already exists. In a pandemic the deaths in all crowded places are likely to happen. What is illegal is when the problem is covered up, ignored, etc. IF a nursing home deliberately ignored safety practices or failed to test their workers or withheld care etc. then the family should be able to sue – those are not what they paid for.

      BTW going into a facility is one of the events I fear the most. It is hard being quarantined in one small bedroom with use of the bathroom and kitchen but knowing that we are safe is worth it. I have control of who comes and goes in the house I live in but I would not in a nursing home.


    • #315465
      Cold Mountain Trail

      “which many lawmakers reportedly did not know was in the final bill until after it passed”

      — how do they even use this as an excuse anymore?

      it’s your job assholes.

      this is the way pelosi & mcconnell set up time limits that make it impossible to read a bill, then pressure and arm-twist their members

      there ought to be a law against it & the membership ought to arm-twist the leadership right back, or else shut the fuck up about how they didn’t have time to read the bill.

      No excuses, isn’t that what you bums tell us when we fuck up at work?  If you can’t do the work you were elected to do (which btw, isn’t ‘dialing for dollars,’ whatever your fake ‘leaders’ tell you), then make room for someone who can.  You’re all past your expiration date anyway.

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