Assemblyman Ron Kim speaks during a news briefing at the state Capitol in Albany, N.Y. Photo: Hans Pennink/AP

New York lawmakers late Thursday voted to roll back portions of a sweeping legal immunity law given to nursing homes and hospitals.

The state Senate and Assembly passed a trim to the broad immunity law, which the Democrat-controlled chambers quietly passed this spring as New York faced the initial wave of coronavirus cases.

Gov. Andrew Cuomo must sign off on the legislation before it becomes law. The Democrat said Wednesday he could "see the rationale" in excluding lawsuit protections for cases not related to the coronavirus. Cuomo hedged the comments by saying he would have to look at the specifics of the bill.

The immunity law, which covered both civil and criminal liability, afforded nursing homes and hospitals broad protections against lawsuits.

Immunity law supporters argue that nursing homes and hospitals needed liability protections as workers faced an unprecedented crisis. Some health care interest groups say rolling back legal protections would undercut facilities' ability to recruit health care workers, especially if another coronavirus surge emerges. 

Opponents to the immunity law say seeking justice through the courts is a fundamental principle and they argue the law lets nursing homes and hospitals off the hook for any poor care.

The passage of the new proposal falls short for those immunity opponents, who were pushing for a full repeal of the law. 

The law has been shrouded by criticism of political influence on the part of the hospital and nursing home industry. That spotlight focused particularly on the Greater New York Hospital Association, which reported it drafted the immunity clause. 

The association, which represents hospitals and health systems, has pumped millions of dollars into political committees in the last several years.

Sponsoring the bill in the state's lower chamber is Assemblyman Ron Kim, D-Queens, who also backed a measure to repeal the entire immunity clause. Kim said the new legislation is a good step in restoring the rights of patients and nursing home residents.

"Moving forward, nursing homes and other health care facilities will be held accountable for failing to prevent the spread of COVID-19 and that is a big win for our families, residents and workers," he said.

Senate Majority Leader Andrea Stewart-Cousins, D-Westchester, said New York has moved past the initial crisis stage of the coronavirus pandemic and it makes sense to now limit the immunity's scope.

AARP state legislative representative Bill Ferris said the organization supports Cuomo approving the measure, but they "urge him to condition his approval on repeal of nursing home immunity completely and retroactively to the beginning of the pandemic."

There have been at least 6,300 confirmed or presumed coronavirus deaths at nursing homes across New York, according to state data. Long-running issues in the nursing home industry, such as low staffing, have been thrust into the national spotlight due to the pandemic.

The immunity law does not extend to willful criminal misconduct, 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 bill passed Thursday narrows the immunity coverage, specifically by removing protections against non-coronavirus cases. But it keeps the immunity law intact overall. 

The legislation specifies that the immunity applies to the "assessment or care" of a person with a suspected or confirmed case of the coronavirus. It also removes "prevention" of the coronavirus from the definition of health care services. 

Health care groups have opposed the proposed tweaks to the law. 

Bea Grause, president of the Healthcare Association of New York State, said the state should be encouraging volunteers to step up if there's another coronavirus surge in New York, something the bill does not accomplish. 

"HANYS is deeply disappointed in the Legislature's change in heart regarding these time-limited liability protections. We are still in the middle of this pandemic," she said. 

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