On Dec. 4, The New York Times reported over 106,000 United States coronavirus deaths linked to nursing homes. The Times reported infections topping out at nearly 800,000 at some 28,000 facilities. There is no question that elderly populations in nursing homes are at high risk of infection and death due to age, premorbidities and close proximity in a confined environment. Similarly, staff employees face a higher potential for exposure. Despite these weighty statistics, nearly half of all states have enacted legislation or executive order extending immunity from negligence for nursing homes.