Nursing homes around the country are turning to governors to acquire liability immunity during the COVID-19 pandemic.
As U.S. businesses slowly begin to reopen around the country, fears of lawsuits have taken hold of employers and healthcare facilities alike. And while congressional Republicans want to include liability protections in any upcoming coronavirus legislation, Democrats are strongly opposed to the idea.
However, nursing homes, where the death rate of COVID-19 has been particularly high, were targeted early by plaintiff’s attorneys, leading facilities and their advocates to lobby state officials for liability protections in the midst of the COVID-19 emergency.
More than a handful of states already have granted legal immunity from coronavirus lawsuits for nursing homes in some manner: Arizona, Connecticut, Georgia, Illinois, Massachusetts, Michigan, New Jersey, New York, and Virginia.
But other states, such as Louisiana and Kentucky, do not clearly spell out that nursing homes specifically are being legally protected and speak more in terms of “healthcare providers” or “any facility that provides healthcare services by a [licensed] professional” during the COVID-19 crisis.
Nursing home advocacy groups in other states now want better legal immunity through clarity in their laws or through executive orders.
In Missouri, one organization sent a letter to Republican Gov. Mike Parson, stating, in part, to “shield healthcare providers (including nursing homes, assisted living facilities, home health and hospice) from civil liability arising out of the [coronavirus] pandemic — except for provider gross negligence or willful or wanton conduct — consistent with immunity granted MO healthcare providers in other contexts.”
California Gov. Gavin Newsom received a proposal from the California Association of Health Facilities asking he sign an executive order of liability protection similar to those signed by the governors in Arizona, Arkansas, Connecticut, Georgia, Hawaii, Illinois, Michigan, New Jersey, New York, Rhode Island, and Wisconsin.
“Skilled nursing facilities have been on the front lines of fighting the COVID-19 pandemic and have suffered from a lack of access to testing and personal protective equipment, diminished nurse staffing and inconsistent directives from county, state and federal agencies,” the CAHF said in a statement.
“We are seeking baseline protection from the expected surge in litigation that will inevitably engage in the second-guessing of caregivers seeking to do their best under impossible circumstances. The proposed liability protection is not absolute and facilities are still exposed to liability resulting from willful conduct during the emergency.”
