New York A 896: Relates to enacting the Justice for Nursing Home Victims Act

Bill Text

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A00896 Summary:

BILL NOA00896 

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SAME ASNo Same As

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SPONSORKim

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COSPNSRSeawright, Jacobson, Simon, Gonzalez-Rojas, Davila, DeStefano, Durso, Lee

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MLTSPNSR

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Add §2808-g, Art 21 Title 9 §§2187 & 2188, Pub Health L; add §98-e, St Fin L; add §217-b, CPLR

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Relates to enacting the Justice for Nursing Home Victims act; creates a nursing home resident COVID-19 compensation program to provide full compensation to any nursing home resident or their statutory beneficiary when COVID-19 caused or contributed to such resident's death; provides the responsibilities of a nursing home during a pandemic; provides for the repeal of such provisions upon the expiration thereof.

Go to top A00896 Actions:

BILL NOA00896 

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01/08/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA00896 Committee&nbspVotes:

Go to topA00896 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA00896 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 896

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. KIM, SEAWRIGHT, JACOBSON, SIMON, GONZALEZ-ROJAS,
 DAVILA, DeSTEFANO, DURSO, LEE -- read once and referred to the Commit-
 tee on Judiciary

 AN ACT to amend the public health law and the state finance law, in
 relation to enacting the Justice for Nursing Home Victims act; to
 amend the public health law and the civil practice law and rules, in
 relation to the responsibilities of nursing homes during pandemics;
 making an appropriation therefor; and providing for the repeal of such
 provisions upon expiration thereof

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "Justice for Nursing Home Victims act".
 3 § 2. The public health law is amended by adding a new section 2808-g
 4 to read as follows:
 5 § 2808-g. Nursing home resident COVID-19 compensation program. 1.
 6 Definitions. The following terms as used in this section shall have the
 7 following meanings, unless the context otherwise requires:
 8 (a) "claimant" means an individual filing a claim for compensation
 9 under this section and who is a statutory beneficiary of an eligible
 10 nursing home resident.
 11 (b) "collateral source" means all collateral sources, including life
 12 insurance, pension funds, death benefit programs, and payments by feder-
 13 al, state, or local governments related to injury or death as a result
 14 of having COVID-19.
 15 (c) "eligible nursing home resident" means a decedent who was a resi-
 16 dent of a nursing home located in the state and COVID-19 caused or
 17 contributed to such resident's death, as documented on such resident's
 18 death certificate, or as certified by a physician, nurse practitioner,
 19 or physician's assistant currently in good standing in any state or the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00957-02-5

 A. 896 2

 1 District of Columbia, or a physician, nurse practitioner, or physician's
 2 assistant authorized to practice in New York by executive order during
 3 the declared COVID-19 state of emergency who determines with a reason-
 4 able degree of medical certainty that COVID-19 caused or contributed to
 5 the resident's death. Eligible nursing home resident shall include any
 6 temporary resident of a nursing home who is receiving subacute rehabil-
 7 itation care or temporary rehabilitation care.
 8 (d) "the declared COVID-19 state of emergency" shall refer to the
 9 period of the state of emergency declared by executive order two hundred
 10 two on March seventh, two thousand twenty in response to the outbreak of
 11 the novel coronavirus.
 12 2. Compensation program. The department shall establish and maintain a
 13 nursing home resident COVID-19 compensation program to provide full
 14 compensation to any eligible nursing home resident or their statutory
 15 beneficiary.
 16 3. Administration. (a) The commissioner shall establish a committee to
 17 administer the nursing home resident COVID-19 compensation program. Such
 18 committee shall: