Money Flowed Into Campaign Coffers as NY Lawmakers Passed Immunity Protection for Hospitals, Nursing Homes
The immunity law, buried in a state budget bill and passed without fanfare this spring, gave hospitals and nursing homes cover from possible lawsuits tied to the coronavirus crisis.
July 16, 2020 at 06:55 PM
5 minute read
As the coronavirus pandemic raged in New York earlier this year, state lawmakers quietly passed an immunity clause protecting hospitals and nursing homes from potential litigation.
In the months before and after the move, health care interests funneled hundreds of thousands of dollars to political committees and state campaigns, according to filings released this week.
The immunity law, buried in a state budget bill and passed without fanfare this spring, gave hospitals and nursing homes cover from possible lawsuits tied to the coronavirus crisis.
The immunity provision does not cover gross negligence or reckless misconduct, but the law specifies that those definitions do not apply to "decisions resulting from a resource or staffing shortage."
The Greater New York Hospital Association, a health care trade association that represents hospitals and health systems, pumped at least $365,000 in donations to political campaign committees from mid-January to mid-July, according to state filings released this week.
Gov. Andrew Cuomo's handling of the coronavirus crisis in nursing homes is the subject of deep scrutiny as those facilities have recorded thousands of deaths. There have been at least 6,300 confirmed or presumed coronavirus deaths at nursing homes across New York, data shows.
Officials say nursing homes, which have been thrust into the spotlight during the pandemic in the United States, can act as a breeding ground for the coronavirus.
The crisis has also drawn national attention to long-running issues in the nursing home industry, such as low staffing that health experts say can accelerate the spread of an infectious disease.
In New York, the immunity law says its purpose is to promote public health by "broadly protecting the health care facilities and health care professionals in this state from liability that may result from treatment of individuals with COVID-19 under conditions resulting from circumstances associated with the public health emergency."
Assemblyman Richard Gottfried, D-Manhattan, described being blindsided by the immunity legislation. The whole issue sprang out of nowhere, a little more than hours before the bills were printed and voted on, he said on Thursday.
By the time he and others knew the topic was on the table, it was already a done deal, as he described it.
"That kind of locking down of an issue doesn't happen without extraordinary political influence," he said. "And you had that from all the trade associations involved combined with the governor [pulling] this issue out of a hat and ramming it through with everything he had."
The Manhattan Democrat described hospitals as among the most powerful lobbying forces in Albany.
Assemblyman Ron Kim, D-Queens, said there's an environment where officials put the interests of corporations over people who are suffering and in the most pain. He is sponsoring a bill to repeal the immunity law.
The Greater New York Hospital Association says hospitals were the focus of the association's lobbying efforts for coronavirus-related legal immunity. The organization said the law went further and included nursing homes, something they said the association did not play a role in.
"The immunity protections recognize the real-time decisions hospitals and their workers made during an extraordinarily challenging pandemic," said Brian Conway, a spokesman for the association, in a statement.
Conway argued that, while there are exceptions, "hospitals and their workers should not be second-guessed for trying to save as many lives as possible under the equivalent of wartime conditions."
Other health care interests that dished out donations this year include the Healthcare Association of New York State, which made at least $100,000 in political donations from mid-January to mid-July, state campaign filings show. The association's website says it provides "leadership, representation and service to not-for-profit and public hospitals, nursing homes and other healthcare organizations" throughout the state.
The Medical Society of The State of New York poured at least $32,000 to political committees and individual campaigns during the same time period.
READ MORE:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllWorld Mental Health Day: Acknowledging Pregnancy Loss in the Legal Industry
6 minute readFederal Judge Allows Centers to Promote Abortion 'Reversal' Protocol
Trending Stories
- 1Litigator of the Week Runners-Up and Shout-Outs
- 2'The Show Must Go On': Solo-GC-of-Year Kevin Colby Pulls Off Perpetual Juggling Act
- 3Legal Speak at General Counsel Conference East 2024: Match Group's Katie Dugan & Herrick's Carol Goodman
- 4Legal Speak at General Counsel Conference East 2024: Eric Wall, Executive VP, Syllo
- 5Battle for Top Talent Accelerates Amid Profit and Demand Surge
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250