Grieving relatives have sued nursing homes and other care facilities, accusing them of deadly failures amid COVID-19. Those facilities argue that they have immunity from such suits under a federal law invoked during the pandemic.
[co-author: Genta Iwasaki]
In a February 10, 2021 ruling (the “Garcia Ruling”) out of the District Court for the Central District of California (the “CDCA Court”) in the case of
., 20-02250JVS (C.D. Ca. Feb. 10, 2021), the CDCA Court held that the Public Readiness and Emergency Preparedness Act (42 U.S.C. § 247d–6d) (the “PREP Act”) provides senior living facilities with an exemption from civil liability for actions taken by such facilities to protect facility residents from COVID-19.
Given that long-term care and senior living facilities have experienced a disproportionate share of COVID-19 cases and deaths nationwide during the pandemic,[1] with many states having experienced their worst COVID-19 outbreaks and highest number of deaths in long-term care facilities in December 2020,[2] the extension of PREP Act liability protections to senior and long term care facilities is tremendously significant to the industry.
Senior Living Communities, Liability for COVID-19 Countermeasures, and the PREP Act: Is the Tide Turning for Providers? Monday, March 8, 2021
In a February 10, 2021 ruling (the “Garcia Ruling”) out of the CDCA Court for the Central District of California (the “CDCA Court”) in the case of
., 20-02250JVS (C.D. Ca. Feb. 10, 2021), the CDCA Court held that the Public Readiness and Emergency Preparedness Act (42 U.S.C. § 247d–6d) (the “PREP Act”) provides senior living facilities with an exemption from civil liability for actions taken by such facilities to protect facility residents from COVID-19.
Given that long-term care and senior living facilities have experienced a disproportionate share of COVID-19 cases and deaths nationwide during the pandemic,[1] with many states having experienced their worst COVID-19 outbreaks and highest number of deaths in long-term care facilities in December 2020,[2] the extension of PREP Act liability protections to senio
Sen. John Kennedy, R-La., weighs in on President-elect Biden tapping Xavier Becerra as HHS Secretary, the latest on Trump s election legal challenges and Pelosi s handling of coronavirus stimulus on Fox & Friends.
President-elect Joe Biden’s choice for Health and Human Services Secretary, Xavier Becerra, appears to have invested in a real estate investment company that was sued for elder abuse.
Becerra, who sold the stock earlier this year, reported previous investments dating back to 2015 in Welltower – including between $10,001 and $100,000 worth of stock in 2019.
Welltower has a joint venture relationship with Sunrise Senior Living, and had at least $6 billion worth of investments in Sunrise as of 2018.