Thursday, April 16, 2020
Liability Protections For Healthcare Workers and Facilities
The Senate Ways and Means Committee voted favorable to report out, in part, S.2635: An act to provide liability protections for health care workers and facilities during the COVID-19 pandemic ,
A summary of the legislation is as follows:
- Effective March 10, 2020, and for the duration of the COVID19 emergency, provides immunity from suit and civil liability to health care professionals and facilities for alleged COVID19 related damages, if the health care services were provided in good faith and damages were not caused through gross negligence, recklessness or conduct with an intent to either harm or to discriminate based on race, ethnicity, national origin, religion, disability, sexual orientation or gender identity.
- Provides that health care facilities and professionals remain subject to consumer protection actions brought by the Attorney General and false claim actions brought by or on behalf of the Commonwealth.
- Effective March 10, 2020, and for the duration of the COVID19 emergency, provides volunteer organizations providing use of its facility or facilities to support the Commonwealth’s response to COVID-19, with immunity from suit and civil liability for alleged COVID-19 related damages, so long as damages were not caused through gross negligence, recklessness or conduct with an intent to harm.
