Undoing Part GGG of Budget Bill
#S.7506-B/A.9506-B
"Emergency or Disaster Treatment Protection Act"
background:
Part GGG Insertion & Enactment
into Budget in 2020 Legislative Session
2020 REPEAL ODYSSEY
1.
Assembly Full Repeal Bill --
that went nowhere
A.10427
Assembly webpage;
Senate webpage
Kim, introduced May 11, 2020
Ron Kim's May 2020 report "Corporate Immunity Kills"
May 13, 2020
"Nursing
Homes Are Hotspots in the Crisis. But
Don't Try Suing Them"
New York Times
(Amy Julia Harris, Kim Barker, Jesse McKinley)
“Ron
Kim...said he was deeply concerned by the protections,
which he learned about from The Times.
He introduced a bill Monday that would strike the immunity
provisions altogether.
“For us to change the liability
standard without any discussion is borderline criminal,”
said Mr. Kim,
who voted against the budget for other
reasons."
2.
Senate Full Repeal Bill -- that
went nowhere
S.8497
Assembly webpage;
Senate webpage
Biaggi, introduced June 6, 2020
June 12, 2020
"NY
lawmakers want to strip hospitals,
lawmakers of coronavirus lawsuit immunity"
New
York Post (Bernadette Hogan, Bruce Golding)
"State
Sen. Alessandra Biaggi (D-The Bronx) and Assemblyman Ron Kim
(D-Queens) said they wanted to strip away the “blanket
corporate immunity” granted, despite their objections, by
Gov. Andrew Cuomo."
3.
Senate Partial Repeal Bill -- enacted
S.8835
Senate webpage
Assembly webpage
introduced July 20,
2020; went to Senate Rules Committee;
passed Senate July 23, 2020; signed by Gov. Aug. 3, 2020
July 23, 2020 Rules Committee
VIDEO: Senate Floor Debate & Vote
(at 1:18 hrs -- 1:49 hrs)
transcript: pp. 2678 -
2708
4.
Assembly Partial
Repeal Bill -- enacted
A.10840
Assembly webpage with memo
Senate webpage
introduced July 20, 2020; went
to Assembly Codes Committee, voted July 22,
went to
Assembly Rules Committee, voted July 22;
passed Assembly July 23, 2020; signed
by Gov. Aug. 3, 2020
VIDEO: Assembly Floor Debate & Vote
transcript: pp. 238-269
Assembly webpage for bill
*****************
Press
July 24, 2020
"NY
Legislature Approves Measure to Trim Sweeping Grant of
Liability Immunity
to Nursing Homes, Hospitals"
New York
Law Journal (Ryan Tarinelli)
July 26, 2020
"Dems
Limit Cuomo's Corporate Immunity Law -- After Spotlight On
Campaign Cash"
The Daily Poster (David
Sirota)
August 3, 2020
"NY
rolls back immunity provisions for hospitals, nursing homes"
AP (Marie Villeneuve) &
here
August 7, 2020
"New
York Narrows COVID Liability Protections in Health Care"
JD Supra
*****************************
5.
Legislative
Hearings
VIDEO -- August 3, 2020 hearing
Transcript: pp.
70-73
BIAGGI: “Did you read this year's health-budget language?"
ZUCKER: “It depends on what
you're asking me specifically about that."
BIAGGI: "Did
you read [indiscernible], Part GGG, which is the provision
of the budget that gives immunity to health-care
professionals, health-care facilities, and any other
treatments that are given to individuals who are seeking
treatment from those doctors or professionals?"
ZUCKER: "No, I
will not say that I can remember those details on that. But
I have a team of an unbelievable number of lawyers who
usually provide me with information,along with my
legislative team, on that."
BIAGGI: "Okay."
ZUCKER: "If there is
something specific that is in there --"
BIAGGI: "Just to be clear,
the most important provision of the health budget this year
-- one of the most important and provocative and, frankly,
controversial, was you did not read that provision. Okay."
ZUCKER:
"Regarding the -- the budget, I will just throw back to you,
the fact that this is actually a negotiated budget.
So you're part of this. You know, the legislature is part
of this."
So [indiscernible
cross-talking] --
RIVERA: "Thank you,
Senator, and thank you, Commissioner."
VIDEO -- August 10, 2020 hearing
VIDEO -- August 12, 2020 hearing
* * *
click here for:
2021-- Full Repeal of Part GGG
COVID emergency immunity
provision
* * *
click here for:
CJA's August 21, 2013 letter to
Gov. Andrew Cuomo
--
"Achieving BOTH a Properly
Functioning Legislature & the Public Trust Act (Program Bill
#3) --
the Sine
Qua Non
for 'Government Working' & 'Working for the People'"
--
which was the SOLE enclosure to
CJA's March 18, 2020 letter to him --
simultaneously
furished to the Legislature
"Your January 21, 2020 address on the Executive Budget --
Part III:
GOOD NEWS DURING THE CORONAVIRUS EMERGENCY--
You Can Chuck Six of Your Seven 'Article VII Bills'
Because They are Unconstitutional.
Here's why based on
analysis of the Court of Appeals' 2004 plurality,
concurring,
and dissenting opinions in Pataki v.
Assembly/Silver v. Pataki, 4 N.Y3d 75"
* * *
CJA's January 8, 2018 e-mail to
Assemblyman Gottfried --
"Assemblyman Gottfried's participation tomorrow as a
panelist
in City & State's form on this year's budget
priorities"
CJA's January 9, 2018 e-mail to Assemblyman Gottfried,
Assemblyman Weprin, & Assemblywoman Solages --
"EDUCATING THE PUBLIC
about the constitutional
constraints that pertain to the budet --
TONIGHT's City
& State panel discussion"
attached constitutional provisions
