States Are Copying and Pasting Immunity Laws for Nursing Home Executives

Lawmakers across the country are using identical legislative language to shield hospital and nursing home corporations from prosecution for COVID–19-related illness and deaths — after those companies pumped huge amounts of cash into state elections.

New York Governor Andrew Cuomo Holds His Daily Coronavirus In Brooklyn

New York governor Andrew Cuomo at a press conference on May 28, 2020. (Spencer Platt / Getty Images)


In recent years, lawmakers have been caught stealthily copying and pasting identical corporate-friendly provisions into law in states across the country. It appears that is now happening again as politically connected hospital and nursing home executives seek to shield themselves from civil litigation and government prosecution during the COVID pandemic.

A review of New York, Massachusetts, and North Carolina’s controversial new liability shield provisions shows that nearly identical immunity language benefiting nursing home and hospital executives was inserted into law by elected officials whose political apparatuses received significant campaign contributions from the nursing home and hospital industries.

The spread of the corporate immunity provisions — which appear to have originated in New York Gov. Andrew Cuomo’s administration — comes amid a spate of coronavirus deaths that critics say was preventable and made worse by the liability shields. Senate Republican leader Mitch McConnell is currently pushing a broader, national version of immunity for corporate executives.

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