Attorney General James Applauds Legislature for Repealing Nursing Home Immunity Provision

AG James Called for Repeal in January Report on Nursing Home Investigations

NEW YORK – New York Attorney General Letitia James released the following statement in response to the New York state Legislature’s repeal of the nursing home immunity provision, which she called for in her January 2021 report on the office’s investigations into nursing homes’ responses to COVID-19:

“As I outlined in my office’s January report into nursing homes, I had serious concerns about the immunity provision included in last year’s budget, and I called for that provision to be repealed. While it is reasonable to provide some protections for health care workers making impossible health care decisions in good faith during an unprecedented public health crisis, it would never be appropriate or just for nursing home owners to be given blanket immunity for causing harm to residents. I applaud the Legislature for taking this critical action and ensuring that no one can evade potential accountability for the devastating loss of life that occurred in New York’s nursing homes.”

In January 2021, Attorney General James released a report on her office’s ongoing investigations into nursing homes’ responses to the COVID-19 pandemic. Since March 2020, Attorney General James has been investigating nursing homes throughout New York state based on allegations of patient neglect and other concerning conduct that may have jeopardized the health and safety of residents and employees. In that report, Attorney General James called for the elimination of this immunity provision.