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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



Assembly Full Repeal Bill -- that went nowhere


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."

Senate Full Repeal Bill -- that went nowhere


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."


Senate Partial Repeal Bill -- enacted


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


Assembly Partial Repeal Bill -- enacted

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




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


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 S
ine 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: 
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 --
about the constitutional constraints that pertain to the budet --
TONIGHT's City & State panel discussion"

attached constitutional provisions



"REALITY CHECK" webpage -- Assemblyman Ron Kim

"REALITY CHECK" webpage -- Senator Alessandra Biaggi






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