The planned introduction of a wide-ranging bill granting certain businesses enhanced immunity from COVID-19 related death or illness lawsuits has drawn the ire of officials from hospitals and other health care facilities, who say it unfairly opens them up to the threat of lawsuits.
Although a bill has not yet been formally introduced in the special session, a draft copy of its language obtained by The Nevada Independent indicates that the enhanced liability protections envisioned in the bill would be granted to casino resorts, government agencies, nonprofits and other kinds of business while explicitly carving out health care facilities. The bill is expected to be introduced in the Senate on Monday.
That exemption which includes hospitals, nursing homes, intermediate care facilities, hospice care, skilled nursing facilities and emergency medical care centers has drawn a sharp rebuke from the Nevada Hospital Association and other health care providers, who say it would prohibit them from transferring patients between facilities or prohibit visitors from coming to visit patients.
Nevada hospitals are the backbone of Nevada communities in the response to COVID-19 pandemic and should have the same protections as any other business as it relates to patient visitors, students, vendors and other guests, Nevada Hospital Association spokeswoman Amy Shogren said in an email. While we have only seen draft language at this point, we believe that by excluding certain health care providers, hospital capacity and ultimately access will be negatively impacted.
A spokeswoman for Dignity Health, which runs three acute-care hospitals in Southern Nevada, said the liability protection scheme created in the bill would also work for hospitals and deter those who will seek to exploit the pandemic for financial gain.
Hospitals are already held to the highest standards, following the stringent guidelines of the CDC, and if those rules are followed, there is no reason hospitals and their staff should be excluded from this protection, Dignity lobbyist Katie Ryan said in a message. Hospitals and our health care professionals have delivered when our state needed us most and we need the Legislature and governors office to do the same now.
As the Legislatures special session stretches into its fourth day and all other proposals outlined in Gov. Steve Sisolaks proclamation have been drafted and are moving through the legislative process, the last remaining puzzle piece for lawmakers remains the business liability and worker protection legislation.
The bill and behind-the-scenes negotiations have drawn in some of the states most powerful players: business groups including the Nevada Resort Association and various chambers of commerce, who have pushed for the bill; opposition from trial lawyers and progressive groups; and a push by the politically powerful Culinary Union to enshrine protections for resort casino employees into law.
But trial attorneys have largely played down the threat of a rush to the courthouse to file COVID-19 related litigation, saying that in many cases it would be difficult to prove where a person contracted the virus.
Matthew Sharp, a board member of trial attorney trade association Nevada Justice Association, said in an interview that the concerns listed by hospitals and other health care facilities were a veiled threat. He said that medical malpractice suits already require a higher burden of proof than whats in the under-consideration liability protection bill, and that concerns over liability generally didnt make sense as hospitals should be equipped to follow all necessary safety precautions.
Hospitals already have massive protections under the law that no other business gets, he said. So, if we believe in public safety, then hospitals should be willing to be held accountable as it exists under existing law. And this idea that they won't do that unless they're given immunity is, frankly, outrageous.
Data tracked by the law firm of Hunton Andrews Kurth shows that more than 3,900 lawsuits related to COVID-19 have been filed nationwide since the start of the year, but relatively few deal with personal injury or other employment law issues.
Per that tracker, nationwide there have been 74 lawsuits related to conditions of employment, such as lack of PPE, COVID-19 exposure at work or wrongful death.
Sharp also said that he believed the bill would include tighter language on whats called controlling health standards, which initially referred to businesses making a good faith effort to comply with state, federal and local health directives related to COVID-19.
Instead, he said the bill is expected to now only include mandatory health requirements issued by the state or federal government, which at this point only includes mask-wearing requirements and a prohibition on gatherings of more than 50 people.
If you're in the middle of a snowstorm, and you're driving 75 miles an hour, you're not violating any mandatory requirements, but you should not be driving 75 because you should be reasonably prudent to protect yourself and others from harm, he said. That's the problem with limiting it to mandatory.
But many businesses have said that litigation protection enshrined in law will help them get back to operations without the threat of pending litigation. Its a push that Senate Republicans in Congress have requested as part of another bailout deal, and, according to the National Law Review at least 12 other states have begun enacting similar liability shields related to the virus.
Other advocates of the bill have also publicly supported removing exclusion of hospitals and healthcare facilities. Mary Beth Sewald, the head of the Las Vegas Chamber of Commerce, said in a tweet on Sunday that she cant imagine the unintended consequences of excluding hospitals and healthcare facilities from limited liability protection.
The Vegas Chamber echoed her remarks in another tweet, writing on Sunday that without expanded liability for medical facilities, patient transfers from hospitals to lower levels of care, such as rehabilitation, skilled nursing, long term care & home care services, may not be possible.
On Sunday afternoon, the Clark County Education Association said in a press release that lawmakers should adopt legislation creating a rebuttable presumption that teachers who contract COVID-19 while working in-person at a school or place of employment shall be eligible for workers compensation.
The teachers union also requested that additional remedies in tort must be made available for school district employees who contract COVID-19 at a school site where the school did not implement reasonable safety and testing standards to prevent spread of the disease.
Link:
- Health care heroes honored | News, Sports, Jobs - Youngstown Vindicator - February 15th, 2021
- Black community leaders to discuss vaccines and repairing trust in health care - wcia.com - February 15th, 2021
- Gourmet Cookie owner sharing the love with health care workers by donating treats for each dozen cookies sold - WATE 6 On Your Side - February 15th, 2021
- Funding for Health Care Providers During the Pandemic: An Update - Kaiser Family Foundation - February 15th, 2021
- Vaccine rollout wont be equitable unless health care reckons with racism - The Verge - February 15th, 2021
- City adds disabled residents, home health care providers to list of groups eligible for vaccinations | City of Detroit - City of Detroit - February 15th, 2021
- Delawareans Will Have New Opportunity to Gain Health Insurance Through HealthCare.Gov from Feb. 15 to May 15 - State of Delaware News -... - February 15th, 2021
- New help to quit smoking; how to get the health care you need - The Union Leader - February 15th, 2021
- What Health Care Providers and Facilities Should Know About the PREP Act's "Covered Countermeasures" - JD Supra - February 15th, 2021
- Health Care Workers Hit Hard by the Coronavirus Pandemic - The New York Times - February 15th, 2021
- These Are The States Attempting to Pass Anti-Trans Health Care Bills - Human Rights Campaign - February 15th, 2021
- Many health care workers turned down their COVID vaccine. Here's why - KGW.com - February 15th, 2021
- Healthcare equity and Alzheimers is the focus of March 3 virtual town hall - cleveland.com - February 15th, 2021
- 'It happened so quickly': Health-care workers lose everything in house fire - 9News.com KUSA - February 15th, 2021
- Since vaccinations began, fewer health care workers in Richmond have tested positive - Richmond.com - February 15th, 2021
- Escalating Cyberattacks on Healthcare Organizations Highlight Need for Security Interventions - HIT Consultant - February 15th, 2021
- Who can afford healthcare these days? | Journal-news - Martinsburg Journal - February 15th, 2021
- 3 of the most pressing health care topics of 2021 - cerner.com - cerner.com - February 4th, 2021
- Biden Moves to Expand Health Coverage in Pandemic Economy - The New York Times - February 4th, 2021
- Bidens Health Care Moves - The New York Times - February 4th, 2021
- UB Department of Surgery launches Anti-Racism and Health Care Equity Initiative with Cornel West as inaugural speaker - UB News Center - February 4th, 2021
- Health Care Unions Find a Voice as the Pandemic Rages - The New York Times - February 4th, 2021
- UPMC Health Care Workers Surprised With Trip To Super Bowl - CBS Pittsburgh - February 4th, 2021
- Partnership created to accelerate health care innovation - WISHTV.com - February 4th, 2021
- Frontline health care workers with ties to Charlotte win free tickets to Super Bowl LV - WCNC.com - February 4th, 2021
- Stroke Recovery - Norton Healthcare - February 4th, 2021
- Hims & Hers, ATA, and 10 others launch Telehealth Equity Coalition - Healthcare IT News - February 4th, 2021
- Rebuilding trust after COVID-19: U.S. healthcare experts weigh in - Medical News Today - February 4th, 2021
- 'Out of Control': Wuhan Health Care Worker Sheds New Light on How COVID's Early Days Really Unfolded in China - FRONTLINE - February 4th, 2021
- 4 Cincinnati health care workers awarded free trip to 2021 Super Bowl - WLWT Cincinnati - February 4th, 2021
- Biden signs executive orders to expand health care access - CBS News - February 4th, 2021
- RI field hospital nurse one of 75 New England health care workers to attend the big game - WPRI.com - February 4th, 2021
- Long Beach moves from vaccinating health care workers to teachers. Mayor says their strategy is different from other cities - KCRW - February 4th, 2021
- Global Healthcare Analytics Market Worth USD 80.21 billion by 2026; Launch of Project Apollo by Cerner to Boost Market - GlobeNewswire - February 4th, 2021
- Kudos to health care workers at vaccination clinic - Beckley Register-Herald - February 4th, 2021
- Change Healthcare Inc. Reports Third Quarter Fiscal 2021 Financial Results - Business Wire - February 4th, 2021
- Accenture rebuffed again in Healthcare.gov protest - FCW.com - February 4th, 2021
- ZEISS partners with Microsoft for better patient care through data-driven healthcare and to enhance quality and efficiency in manufacturing - Stories... - October 8th, 2020
- New Funding to Bring Mental Health Care to Homeless Shelters, Encampments - WTTW News - October 8th, 2020
- Healthcare companies cashing in on financing vehicle boom - Modern Healthcare - October 8th, 2020
- Health care is already benefiting from VR - The Economist - October 8th, 2020
- Health Care: The Best and the Rest | by David Oshinsky - The New York Review of Books - October 8th, 2020
- Diversity in health care starts at the beginning - Nevada Today - October 8th, 2020
- Respiratory therapists: Vital part of health care team - Brownwood Bulletin - October 8th, 2020
- MedaSource: Depth and Breadth in Life Sciences and Healthcare Consulting - BioSpace - October 8th, 2020
- Value-based Care After COVID-19: What Healthcare Leaders Need to Know - Medical Economics - October 8th, 2020
- Free sessions on legal and financial issues for those with neurological conditions - Norton Healthcare - October 8th, 2020
- Telemedicine and Digital Health to Set the Tone for Healthcare - Medical Device and Diagnostics Industry - October 8th, 2020
- How one conversation turned into a fundraiser helping healthcare workers - WATN - Local 24 - October 8th, 2020
- The 14 US health care billionaires, according to Forbes - The Daily Briefing - October 8th, 2020
- Sonic Healthcare USA Enhances Test Offerings with the Launch of Multiplex Assay for COVID-19 and Flu - PRNewswire - October 8th, 2020
- Florida is falling behind on health care and voting rights | Column - Tampa Bay Times - September 21st, 2020
- Doctors Push For Health Care To Address Climate Change In New Teaching Framework - Here And Now - September 21st, 2020
- Closing the rural health care access gap in Jackman, and maybe beyond - Mainebiz - September 21st, 2020
- Digital engagement and transformation of healthcare in Singapore - Healthcare IT News - September 21st, 2020
- From the Editor: The health care business adjusts to an ever-changing world - Mainebiz - September 21st, 2020
- The Coronavirus Is Creating A Mental Health Crisis For Health Care Workers - HuffPost - September 21st, 2020
- Intermountain Healthcare: Fighting for greater health and inclusion for the LGBTQ+ community - ABC 4 - September 21st, 2020
- Letter: Wagner is clueless on health care and the pandemic - STLtoday.com - September 21st, 2020
- Walmart to open health care clinics in Kissimmee and throughout Florida - positivelyosceola.com - September 21st, 2020
- Local VA receives 2020 Healthcare Organization of Distinction Award - Wgnsradio - September 21st, 2020
- Law and order vs. health care as Dems, GOP vie for suburbs - The Associated Press - September 21st, 2020
- Prescription Drug And Healthcare Costs Are Rising - Forbes - September 21st, 2020
- Trump's bogus health care promise was on full display in town hall - CNN - September 21st, 2020
- Monument dedicated to health care workers, victims of COVID-19 to become part of artificial reef - Suncoast News - September 21st, 2020
- Change Healthcare-HCEG Research: COVID-19 Reshuffles Healthcare Executives' Priorities - Business Wire - September 21st, 2020
- Mayo's Chief Digital Officer: The hospital of the future isn't just about technology - MedCity News - September 21st, 2020
- Fact check: Bollier claims Marshall voted against health care protections - KSHB - September 21st, 2020
- What's Next: Will health care industry, individuals act on the lessons learned? - Crain's Detroit Business - August 10th, 2020
- Commentary: Universal health care system will save money and lives - Times Union - August 10th, 2020
- What's it like to be an Arizona health care worker during COVID-19? Valley 101 digs in - AZCentral - August 10th, 2020
- Psychological impacts of this moment are overwhelming, Black mental health care providers say - Street Roots News - August 10th, 2020
- Health Care Workers of Color Nearly Twice as Likely as Whites to Get COVID-19 - Kaiser Health News - August 10th, 2020
- LAFCO dissolves the Palm Drive Health Care District - Sonoma West - August 10th, 2020
- Employer Direct Healthcare Announces Partnership with Trend Micro, Inc. - PRNewswire - August 10th, 2020
- Pharmaceutical companies are improving how they engage with healthcare providers during the COVID-19 pandemic - Healthcare Finance News - August 10th, 2020
- Global Outlook for Augmented Reality & Virtual Reality in the Healthcare Market 2020-2025 - ResearchAndMarkets.com - Business Wire - August 10th, 2020
- Unions' big lie to Quebec health care workers battling the pandemic: The government will protect you - WSWS - August 10th, 2020
- Anthem Foundation and March of Dimes Address Health Inequity in Maternal Healthcare - PRNewswire - August 10th, 2020
- Health care will cost this much in retirement but probably even more - MarketWatch - August 10th, 2020