Fearing a flood of lawsuits over COVID-19 outbreaks, nursing homes and other health care facilities have been seeking — and gaining — temporary immunity from potential civil suits in several states.
A tip led police to more than a dozen bodies at the the Andover Subacute and Rehabilitation Center in Andover, N.J. The state is among those that grant temporary immunity from civil suits to nursing homes.A tip led police to more than a dozen bodies at the the Andover Subacute and Rehabilitation Center in Andover, N.J. The state is among those that grant temporary immunity from civil suits to nursing homes.
But those calls for immunity also raise questions about accountability and whether poorly run nursing homes are being given a pass. Another reason these protections are necessary, Kallheim says, is that the guidance from the federal government, as well as the understanding of the virus itself, are constantly changing.
In some states, Louisiana for example, legal immunity is already on the books in case of natural disasters, when health care facilities might be overwhelmed. The measures kick in as soon as the governor declares a state of emergency. Nursing homes have been ground zero for COVID-19. The awareness of the grave dangers of the disease began with an outbreak at the Life Care Center nursing home in Kirkland, Wash. where at least 37 people have died.
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