The Register Citizen (Torrington, CT)

Lamont to end hospital, nursing home COVID lawsuit shield

- By Ken Dixon kdixon@ctpost.com Twitter: @KenDixonCT

Gov. Ned Lamont’s latest executive order will end some COVID liability protection­s for hospitals and nursing homes.

The move, effective March 1, was hailed by groups including the AARP, but an operator of two nursing homes opposes the order, warning that it could lead to a flood of frivolous lawsuits as a time when insurance premiums are already skyrocketi­ng.

And the Connecticu­t Hospital Associatio­n said it was “exdtremely disappoint­ed” with the impending withdrawal of protection­s against civil liabilitie­s.

The different liability standard was enacted early last year in the pandemic, when the state had scarce personal protective equipment, as well as little knowledge of the virus. Neither hospitals nor nursing homes were protected from lawsuits for negligence or malfeasanc­e, but mistakes made by medical profession­als, some of whom were coming out of retirement to help in the pandemic, were covered by the immunity.

“If you remember back in March, April, May, COVID was hitting us hard, we were bringing a lot of retired folks, retired nurses and others who were there to help out in the hospitals, help out in the nursing homes, trying to keep up with something we were learning about every day,” Gov. Lamont said during his Monday news briefing. “At that point it was unfair, we thought, to hold people legally accountabl­e for a situation that was so-fastevolvi­ng.”

He said that now, facilities are at acceptable capacities, and more and more people are getting vaccinated.

Lamont posted the executive order on his website during the mid-afternoon on Monday.

“We held nursing homes accountabl­e,” Lamont said, detailing the shutdown of one nursing home and penalties leveled against others, while inspectors increased inspection­s. “We thought there was too much changing, too much uncertaint­y in terms of what was going on in COVID back during the spring. That’s not the case in February. It’s a different situation, so people should be held accountabl­e.”

Lamont said he was not aware of any COVID-related lawsuits that might have been filed.

“I am very pleased Gov. Lamont has decided it is time to put nursing home residents and their families first,” said Nora Duncan, State Director of AARP Connecticu­t. “AARP Connecticu­t applauds the State’s successful efforts to prioritize nursing home residents in its vaccine roll-out and thanks Governor Lamont for his decision to repeal civil immunity for nursing homes.”

She noted that the state’s focus on vaccinatin­g nursing home residents has resulted in nearly all residents receiving their inoculatio­ns, as fatalities have decreased in those facilities by 70 percent.

But Paul Liistro, CEO of Vernon Manor and Manchester Manor nursing homes, said it’s too early in the pandemic to pull away the protection­s. “I was very impressed when the governor showed insight and foresight in the effort to stop frivolous lawsuits,” Liistro said in a phone interview Monday night. “I thought he did a great job. But to lift it at all for COVID-related reasons would never be appropriat­e.”

Liistro said that many nursing home residents of color continue to balk at vaccinatio­ns.

Liistro noted that with new strains of the coronaviru­s being found, no one is sure whether they can be more fatal to residents of nursing homes, where 70 percent of the state’s fatalities have occurred. “It’s obvious it was a situation of the compromise­d immune system and not one thing that any nursing home did,” he said, stressing that the price of his liability insurance has gone up 80 percent over the last year.

“Unfortunat­ely the governor has lost his foresight and insight, and now is putting us in the jeopardy of being sued,” Liistro said. “He has done the wrong thing. It was originally a wise, brave decision, and then he caved.”

The Connecticu­t Hospital Associatio­n, in a statement, said officials there are reviewing the order to understand the effects.

“Hospitals and health systems have responded fearlessly and with unquestion­ing dedication under uncertain and changing circumstan­ces over the twelve months since this pandemic began,” said the statement issued Monday night. “We continue the fight against the pandemic for the good of our communitie­s and our patients.”

 ?? Brian A. Pounds / Associated Press ?? On March 1, protection­s from some liabilitie­s in hospitals and nursing homes will end, according to the latest orders from Gov. Ned Lamont.
Brian A. Pounds / Associated Press On March 1, protection­s from some liabilitie­s in hospitals and nursing homes will end, according to the latest orders from Gov. Ned Lamont.

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