Immunity Protection in Executive Order 202.10 is No Longer Needed, Enacted Public Health Law Provides Broader Immunity

Education Law §§ 6527 (2); 6545; 6909 (1), collectively, are New York’s Good Samaritan laws and protect physicians, physician assistants, and nurses from damages for injuries incurred while providing emergency medical care at the scene of an accident.  On March 23, 2020, New York’s Governor issued Executive Order 202.10, which temporarily modified these Good Samaritan laws to provide qualified immunity to healthcare professionals in the course of providing medical services in support of the State’s response to the COVID-19 outbreak. 

Executive Order 202.28 clarified that these laws are reinstated.  Any modification is no longer necessary now that broader immunity has been provided under Article 30-D of New York Public Health Law, the Emergency or Disaster Treatment Protection Act (EDTPA).  For additional details about the EDTPA, please click here.

Policyholders are encouraged to review MLMIC’s complete list of COVID-19 resources and to contact our 24/7 hotline staff with any questions related to coverage. Our experts are available to discuss any challenges that may arise as you continue to care for patients throughout the nationwide response to this coronavirus pandemic.