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NY A00896
Bill
Status
1/8/2025
Primary Sponsor
Ron Kim
Click for details
AI Summary
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Establishes a nursing home resident COVID-19 compensation program providing $250,000 death benefit to the estate of eligible nursing home residents who died from COVID-19, plus $100,000 to each surviving spouse and dependent
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Creates a 7-member eligibility committee (5 appointed by legislature, 2 by governor) to administer claims, with determinations required within 120 days of filing
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Establishes that nursing home failure to comply with state/federal regulations, executive orders, CDC guidelines, or basic infection control practices during a public health emergency creates a presumption of negligence in wrongful death actions
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Allows family members (grandparents, parents, siblings, spouse, domestic partner, children, grandchildren) to recover non-pecuniary damages including grief, loss of companionship, and loss of guidance in wrongful death cases
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Appropriates $4 billion to fund the compensation program and reopens a 2-year window to file civil claims for COVID-19 nursing home deaths, with the act expiring January 1, 2039
Legislative Description
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.
Last Action
referred to judiciary
1/7/2026