New York Repeals Nursing Home Immunity; Further Protects Seniors from Nursing Home Abuse
New York Governor Andrew Cuomo has signed into law a bill that revokes nursing home liability immunity. This repeal comes after more than 15,000 residents and staff of New York State’s nursing homes, assisted living and other long-term care facilities have died of Covid-19.
This legislation is a silent recognition of prior missteps taken by New York’s lawmakers. In a knee jerk reaction to the Covid-19 pandemic, the New York legislature granted a blanket immunity bill to a historically troubled nursing home industry. This immunity served as a license to kill, and a get-out-of-jail-free card, for New York’s nursing home owners. It prevented families from seeking accountability and redress in the court system following a nursing home negligence related injury or death.
This rollback of the nursing home industry’s immunity is a step in the right direction.
Special recognition for this legislative 180 must be given to Assemblyman Ron Kim (D-Queens), who has locked horns with Governor Cuomo on this issue. Regardless of whether this immunity reversal came from Cuomo earnestly recognizing his prior mistakes, or due to his ongoing scandals, the true winners are New York’s aging seniors. New York Senator Allessandra Biaggi said it best; “Tonight I am thinking of those who lost loved ones in nursing homes. This moment is thanks to their tireless advocacy and persistence.”
My firm has litigated nursing home negligence cases in most states on the East Coast, including New York. What we have found is that states with more robust rules in favor of plaintiffs in elder abuse cases result in less neglect at these facilities. Civil lawsuits hold these facilities accountable for poor care.
At the end of the day, it is money that drives this abhorrent corporate misconduct inside these nursing homes. Only by empowering New York families to seek meaningful justice in our courts will we be able to make it unprofitable to kill New York’s most vulnerable seniors.
Our New York nursing home abuse attorneys are here to help fight for your family after a tragedy occurs in a long term care facility.
