Connecticut Senate Bill SB00538

Connecticut 2021 Regular Session

• Introduced: 1/27/21
• Refer: 1/27/21

Caption

An Act Concerning The Filing Of Civil Actions Against Nursing Home Facilities For Alleged Negligence In Responding To The Covid-19 Pandemic.

Impact

If enacted, this legislation will amend existing public health statutes to permit legal actions against nursing home facilities despite any existing laws or executive orders that might otherwise protect these institutions. This provision allows for civil damages to be sought by victims of negligence, aimed specifically at care practices during the pandemic. The bill also offers a possible defense for facilities based on guidance available from health authorities at the time of the alleged negligence.

Summary

SB00538 is proposed legislation aimed at addressing issues of negligence within nursing home facilities relating to their response to the COVID-19 pandemic. It allows individuals who have been harmed due to the alleged negligence or professional misconduct of nursing home employees, which occurred while they were responding to the COVID-19 pandemic, to file civil actions against these facilities. The bill represents a significant step towards holding nursing homes accountable for their actions during the pandemic era.

Contention

Notable points of contention surrounding this bill center on the balance between holding nursing homes accountable for poor care versus protecting them from liabilities during an unprecedented health crisis. Advocates argue that negligence must be addressed to prevent ongoing harm to residents, while opponents might express concerns regarding the potential for increased legal challenges that could threaten the operational viability of nursing homes, particularly in the wake of resource constraints faced during the pandemic.