At least 15 states have enacted measures providing nursing homes some protection from lawsuits arising from the coronavirus crisis. That includes New York, the state with the most deaths in such facilities.
A patient is loaded into the back of an ambulance by emergency medical workers outside Cobble Hill Health Center, Friday, April 17, 2020, in the Brooklyn borough of New York. The despair wrought on nursing homes by the coronavirus was laid bare Friday in a state survey identifying numerous New York facilities where multiple patients have died. Nineteen of the state's nursing homes have each had at least 20 deaths linked to the pandemic.
“As our care providers make these difficult decisions, they need to know they will not be prosecuted or persecuted,” read a letter sent this month from several major hospital and nursing home groups to their next big goal, California, where Gov. Gavin Newsom has yet to make a decision. Other states in their sights include Florida, Pennsylvania and Missouri.
“This has very little to do with the hard work being done by health care providers,” he said, “and everything to do with protecting the financial interests of these big operators.” “It was a decision made on the merits to help ensure we had every available resource to save lives,” said Rich Azzopardi, a senior advisor to Cuomo. “Suggesting any other motivation is simply grotesque.”
Toby Edelman of the Center for Medicare Advocacy is troubled that homes are getting legal protections while family members aren’t being allowed to visit and routine government inspections have been scaled back. “If you take the power of suing away from the families, then anything goes,” said Stella Kazantzas whose husband died in a Massachusetts nursing home with the same owners as the home hit by the nation’s first such outbreak near Seattle, which killed 43 people.
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