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Faced with 20,000 dead, care homes seek shield from lawsuits
By BERNARD CONDON, JIM MUSTIAN and JENNIFER PELTZ
Associated Press
NEW YORK (AP) — Faced with 20,000 coronavirus deaths
and counting, the nation’s nursing homes are pushing
back against a potential flood of lawsuits with a swee-
ping lobbying effort to get states to grant them emergen-
cy protection from claims of inadequate care.
At least 15 states have enacted laws or governors’ orders
that explicitly or apparently provide nursing homes and
long-term care facilities some protection from lawsuits ari-
sing from the crisis. And in the case of New York, which
leads the nation in deaths in such facilities, a lobbying
group wrote the first draft of a measure that apparently
makes it the only state with specific protection from both
civil lawsuits and criminal prosecution.
Now the industry is forging ahead with a campaign to get
other states on board with a simple argument: This was an
unprecedented crisis and nursing homes should not be li-
able for events beyond their control, such as shortages of In this March 24, 2020, file photo, Kaye Knighton, 86, receives a visit from his daughter-law Darla
protective equipment and testing, shifting directives from Knighton at the Creekside Senior Living, in Bountiful, Utah. Window visits help seniors connect to
authorities, and sicknesses that have decimated staffs. families despite coronavirus restrictions. At greater risk from COVID-19, some seniors now face
added anxiety due to delays obtaining Medicare coverage.
Continued on Page 25 Associated Press.