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Ex. DUT-NY-018 Standing duty Primary source read

Chapter 96 of the Laws of 2021 (S. 5177), repealing Public Health Law article 30-D (Emergency or Disaster Treatment Protection Act)

An act to repeal article 30-d of the public health law relating to the emergency or disaster treatment protection act

New York State Legislature (S. 5177, signed by Governor Cuomo April 6, 2021) · New York (State)

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The record

Jurisdiction
New York
Level
State
Authority
Legislative power over civil and criminal liability
Issued
2021-04-06 Apr. 6, 2021
Effective
2021-04-06 ('This act shall take effect immediately') (read as 2021-04-06)
End
standing (read as 2021-09-30)
In force
Standing since Apr. 6, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2021 Q22021 Q3
Limitation types
Health care ordersStanding duty
Addressees
  • health care facilities and health care professionals formerly within article 30-D
Character
liability shield condition
Collection
Standing duties: New York DUT-NY

Operative words

Section 1. Article 30-d of the public health law is REPEALED. § 2. This act shall take effect immediately.

Penalty

Not applicable (repeal); ordinary civil and criminal liability restored prospectively

What it required

Withdrew, from April 6, 2021, the only COVID-19 liability immunity New York had enacted, leaving every health care facility and professional, like every other New York business throughout the six quarters, answerable in ordinary negligence measured against the governmental health standards.

Retrieval note

Chapter number and date verified on the Assembly's bill-status page ('delivered to governor 04/06/2021 signed chap.96'). New York enacted no shield for businesses generally; the point for the voluntariness ground is that compliance with the governmental protocols was the only protection any New York business had against a negligence claim under Labor Law § 200 and the common law.