skip to main content
resource search icon

Description of Program and Relief

New York State Governor Signs Law Protecting Health Care Workers, Facilities and Administrators from COVID-19-Related Liability

On April 3, 2020, New York Governor Andrew Cuomo signed into law the Emergency Disaster Treatment Protection Act (the “Act”), which immunizes health care facilities and professionals from certain forms of liability during the COVID-19 emergency. Along with a collection of other states, New York has taken action to shield health care providers from liability arising from the difficult medical decisions presented by the pandemic. The Act expands on Governor Cuomo’s March 23, 2020 executive order, which protects physicians and nurses from civil liability for certain acts or omissions that result in injury or death during the COVID-19 emergency. The new law broadens this coverage to encompass health care facilities and their administrators, as well as volunteer organizations that make their facilities available to support the state’s response to COVID-19. The new law also goes beyond protecting actions by health care professionals directly related to the treatment of COVID-19 itself and could encompass any other good-faith decisions and activities by health care professionals that were (i) made in response to or as a result of the COVID-19 outbreak and (ii) in furtherance of the state’s public policy objectives.

The Act does not immunize liability for harm or damages caused by an act or omission constituting willful or intentional criminal misconduct, gross negligence, reckless misconduct or intentional infliction of harm.

The immunity protections under the statute apply retroactively to March 7, 2020 and will last as long as the COVID-19 emergency declaration is in effect.

Government or Lead Agency

The Office of the New York State Governor

Dates Available

Effective Sunday March 7, 2020, until the COVID-19 emergency declaration is lifted.

Eligibility Requirements/Restrictions

Any healthcare providers or organizations, including hospitals, nursing homes, administrators, board members, physicians, nurses, and volunteers providing care in response to the COVID-19 emergency.

Application Deadlines (If Applicable)

N/A

Contact for More Information

The text of the Emergency Disaster Treatment Protection Act is available here. More information about the Act and its provisions is available here.

List of Additional Information

N/A


© 2020 Paul, Weiss, Rifkind, Wharton & Garrison LLP. This does not constitute legal advice and does not create an attorney-client relationship. In some jurisdictions, this publication may be considered attorney advertising. Past representations are no guarantee of future outcomes.

© 2020 Paul, Weiss, Rifkind, Wharton & Garrison LLP

Privacy Policy