As the COVID-19 death toll at nursing homes climbs to nearly 12,000, the nursing home industry is pushing states to provide immunity from lawsuits to the owners and employees of the nation's 15,600 nursing homes.
Industry leaders say they have been pleading with state governments for increased testing and personal protective equipment so they can protect their workers, care for residents and reduce the spread of the disease. States like Virginia have provisions in their laws that automatically provide what is known as"civil liability immunity" for health care workers during emergencies. But whether those protections extend to nursing homes and their owners is not always clear. Downs said that is the type of clarification his organization needs."We are not doing this defensively because we are worried about a lawsuit," he said.
For those states that do not specify immunity for nursing homes and instead speak of broad protection for"health care providers," much hinges on the definition of the phrase. Even in a state with an immunity order, Feldman said, a nursing home could be liable for an egregious business decision like lying to families about coronavirus cases. Such an action would be considered a business decision and probably would not be covered under a health care shield during a pandemic.
Van Der Linden said the nursing homes were working with a broad coalition of health care organizations."We are continuing to work with the language that everyone can agree on," he said, adding that he remained hopeful that the governor would decide in their favor.Download the NBC News app for full coverage and alerts about the coronavirus outbreak
"I think that blanket immunity, like the type that is being sought by these nursing homes, is not safe," Slager said."It doesn't give any incentive to avoid situations like we see in New Jersey, where the bodies are piling up."
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