Florida’s assisted living providers are breathing a sigh of relief after Gov. Ron DeSantis (R) signed a bill extending protection from COVID-19-related lawsuits.
SB 7014 lengthens the time frame for pandemic liability protections for assisted living communities, nursing homes, hospitals and physicians through June 1, 2023 — the same expiration date included in other recently enacted pandemic-related legislation.
A law shielding businesses and healthcare providers from COVID-19-related lawsuits passed in early 2021. Although general businesses were provided indefinite immunity, protections for healthcare providers were scheduled to end in March.
But COVID-19 continues to present challenges for long-term care providers, LeadingAge Florida President and CEO Steve Bahmer said. Extending protections will allow providers to “deliver quality care without threats of opportunistic lawsuits that will only drain resources and distract from their ongoing, lifesaving work,” he said.
“This legislation preserves avenues for holding bad actors accountable while preventing frivolous lawsuits that do nothing to enhance long-term care quality or accountability,” Bahmer added.
As previously reported by McKnight’s Senior Living, the Florida Assisted Living Association, Florida Health Care Association and Florida Senior Living Association all supported the legislation, maintaining that extending the protections was “critical” to the industry.
The liability protections for COVID-19-related claims against healthcare providers mainly relate to claims arising from the diagnosis of COVID-19, treatment of a person with the coronavirus, the provision of a novel or experimental treatment, transmission of the virus and the delay or cancellation of a surgery or medical procedure.
The Florida Senior Living Association initially worked on with lawmakers. The bill requires plaintiffs to provide “sufficient detail” that a provider was grossly negligent or engaged in intentional misconduct that caused death or harm. The bill also provides immunity for claims related to supplies or personnel not being readily available or not being available at a reasonable cost to comply with COVID-19 standards.
According to LeadingAge, Arizona, Indiana, Montana, Nebraska, South Carolina, South Dakota and Texas have provided liability protections for healthcare providers and healthcare facilities during the declared COVID-19 public health emergency.
California clarifies that a licensee is liable for up to $500 per violation when a current or former long-term care facility resident brings a civil action for violating the Patient’s Bill of Rights or any other federal or state rights.
The National Consumer Voice for Quality Long-Term Care also tracks state immunity laws and executive orders relating to long-term care. Several states that provided liability protections to long-term care, including assisted living communities, let those protections lapse during 2021, including Alabama, Arkansas, Connecticut, Ohio, Rhode Island and Vermont. Other protections are set to expire this year, including Georgia, Idaho, South Dakota and Tennessee.
