The COVID Project
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
2020 Q22020 Q32020 Q42021 Q12021 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 Article 30-d of the public health law is REPEALED.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 noteChapter 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.