Establishes a statute of limitations of two years for an action to recover damages for personal injury or death of a resident at a nursing home during the COVID-19 state of emergency.
STATE OF NEW YORK
________________________________________________________________________
9100
IN ASSEMBLY
January 31, 2022
___________
Introduced by M. of A. KIM -- read once and referred to the Committee on
Judiciary
AN ACT to amend the civil practice law and rules, in relation to estab-
lishing a statute of limitations to bring an action to recover damages
for personal injury or death of a resident at a nursing home during
the COVID-19 state of emergency; and providing for the repeal of such
provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil practice law and rules is amended by adding a new
2 section 217-b to read as follows:
3 § 217-b. Action to recover damages for personal injury or death of a
4 resident at a nursing home during the COVID-19 state of emergency. 1.
5 The following words and phrases when used in this section shall have,
6 unless the context clearly indicates otherwise, the meanings given to
7 them in this section:
8 (a) "Nursing home" shall have the same meaning as defined in section
9 twenty-eight hundred one of the public health law and shall include
10 adult homes, enriched housing programs, assisted living residences and
11 residential health care facilities as defined in such section.
12 (b) "Resident" means a decedent who was a resident of a nursing home
13 located in the state and COVID-19 caused or contributed to such resi-
14 dent's death, as documented on such resident's death certificate, or as
15 certified by a physician, nurse practitioner, or physician's assistant
16 currently in good standing in any state or the District of Columbia, or
17 a physician, nurse practitioner, or physician's assistant authorized to
18 practice in New York by executive order during the declared COVID-19
19 state of emergency who determines with a reasonable degree of medical
20 certainty that COVID-19 caused or contributed to the resident's death.
21 Resident shall include any temporary resident of a nursing home who is
22 receiving subacute rehabilitation care or temporary rehabilitation care.
23 (c) "The novel coronavirus pandemic (COVID-19)" shall refer to the
24 period of the state of emergency declared by executive order two hundred
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14453-01-2
A. 9100 2
1 two on March seventh, two thousand twenty in response to the outbreak of
2 the novel coronavirus.
3 2. Notwithstanding any provision of law to the contrary, all civil
4 claims or causes of action brought by any person for damages against a
5 nursing home for personal injuries or the death of a resident during
6 COVID-19, including an action pursuant to section twenty-eight hundred
7 one-d of the public health law, may be commenced within two years after
8 the effective date of this section.
9 § 2. This act shall take effect immediately and shall expire and be
10 deemed repealed January 1, 2035.
