COVID-19 and Immunity Orders

During the Coronavirus (COVID-19) pandemic, certain states are granting healthcare providers immunity in some situations, while others are making declarations concerning the standard of care. We’re monitoring each state’s guidelines, recommendations, and orders daily on this page to keep you informed.  

This page last updated 8/17/2020

 

Alabama

An Order 3/13/2020 establishing an alternative standard of care effective during emergency or until rescinded

"I find that COVID-19 cases could overwhelm the health care facilities and personnel of this State and undermine their ability to deliver patient care in the traditional, normal, and customary manner or using the traditional, normal, and customary standards of care. To that end:

A. Health care facilities that have invoked their emergency operation plans in response to this public health emergency may implement the "alternative standards of care" plans provided therein, and those alternative standards of care are declared to be the state-approved standard of care in health care facilities to be executed by health care professionals and allied professions and occupations providing services in response to this outbreak..."

Read the Governor's Order No. 2020-03-13

A Government Code

"Immunity of state, etc., from liability for torts resulting from emergency management activities; exemptions of emergency management workers from license requirements; powers, duties, etc., of emergency management workers.

(a) All functions under this article and all other activities relating to emergency management are hereby declared to be governmental functions.

(b) Neither the state nor any political subdivision thereof nor other agencies of the state or political subdivisions thereof, nor, except in cases of willful misconduct, gross negligence, or bad faith, any emergency management worker, individual, partnership, association, or corporation complying with or reasonably attempting to comply with this article or any order, rule, or regulation promulgated pursuant to the provisions of this article or pursuant to any ordinance relating to blackout or other precautionary measures enacted by any political subdivision of the state, shall be liable for the death of or injury to persons, or for damage to property, as a result of any such activity. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this article or under the Workers' Compensation Law or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of Congress..."

Read the Government Code 31-9-16

 

Alaska

Senate Bill 245 signed into law effective 4/10/2020 until further notice

"Except as provided in (d) of this section, a public health agent or health care provider who takes action based on a standing order issued by the [state] chief medical officer is not liable for civil damages resulting from an act or omission in implementing the standing order. (d) Nothing in this section precludes liability for civil damages as a result of gross negligence, recklessness, or intentional misconduct.” 

Read SB 245 Extending COVID 19 Declaration/Relief

Arizona

An Executive Order 4/9/2020 effective until 6/30/2020, extension until 12/31/2020

"...is immune from civil liability for any acts or omissions undertaken in good faith ... while providing healthcare services in support of the State's public health emergency..." 

Read the Governor's Executive Order No. 2020-27 and Executive Order 2020-42 extending it

A Government Code

"The governor may direct such agencies to provide supplemental services and equipment to political subdivisions to restore any services in order to provide for the health and safety of the citizens of the affected area..."

Read the Government Code 26-303

 

Arkansas

An Executive Order 4/13/2020 effective during the emergency

"(4) A suspension of Ark. Code Ann. § 12-75-103(7)(C), to the extent necessary to provide immunity from liability to the following emergency responders, whether employed by the State or Federal Government, a private entity, or non-profit entity, for any injury or death alleged to have been sustained directly as a result of an act or omission by such medical professional in the course of providing medical services in support of the State's response to the COVID-19 outbreak or the implementation of measures to control the causes of the COVID-19 epidemic: (a) physicians; (b) physician assistants; (c) specialist assistants; (d) nurse practitioners; (e) licensed registered nurses; and (f) and licensed practical nurses;

(5) A grant of immunity from liability under Section 4 of this Order will not be extended to an emergency responder, who as a result of his or her action or omission, causes an injury or death due to: (a) acting outside the scope of his or her practice unless he or she has been redeployed as a result of Section 3(d) of this order; or (b) acting in gross negligence, willful misconduct, or bad faith."

Read the Governor's Executive Order No. 20-18

A Government Code

"(4) (A) "Emergency management" means disaster or emergency preparedness, mitigation, response, recovery, and prevention by state and local governments other than functions for which military forces are primarily responsible to prevent, minimize, and repair injury and damage resulting from major emergencies or from disasters caused by enemy attack, domestic or foreign terrorist attacks, natural causes, human-made catastrophes, or civil disturbances.

(B) These functions include, without limitation ...

(iii) Medical and health;"

Read the Government Code 12-75-103

 

California

A Government Code effective 1/1/2011

"Any physician or surgeon (whether licensed in this state or any other state), hospital, pharmacist, respiratory care practitioner, nurse, or dentist who renders services during any state of war emergency, a state of emergency, or a local emergency at the express or implied request of any responsible state or local official or agency shall have no liability for any injury sustained by any person by reason of those services, regardless of how or under what circumstances or by what cause those injuries are sustained; provided, however, that the immunity herein granted shall not apply in the event of a willful act or omission."

Read the Government Code

 

Colorado

A Government Code

"(2) The conduct and management of the affairs and property of each hospital, physician, health insurer or managed health care organization, health care provider, public health worker, or emergency medical service provider shall be such that they will reasonably assist and not unreasonably detract from the ability of the state and the public to successfully control emergency epidemics that are declared a disaster emergency. Such persons and entities that in good faith comply completely with board of health rules regarding the emergency epidemic and with executive orders regarding the disaster emergency shall be immune from civil or criminal liability for any action taken to comply with the executive order or rule..."

Read the Government Code 24-33.5-711.5

 

Connecticut

An Order 4/5/2020 effective during the emergency

"...any health care professional or health care facility shall be immune from suit for civil liability for any injury or death alleged to have been sustained because of the individual's or health care facility's acts or omissions undertaken in good faith while providing health care services in support of the State's COVID-19 response, including but not limited to acts or omissions undertaken because of a lack of resources, attributable to the COVID-19 pandemic, that renders the health care professional or health care facility unable to provide the level or manner of care that otherwise would have been required in the absence of the COVID-19 pandemic and which resulted in the damages at issue, provided that nothing in this order shall remove or limit any immunity conferred by any provision of the Connecticut General Statutes or other law. Such immunity shall not extend to acts or omissions that constitute a crime, fraud, malice, gross negligence, willful misconduct, or would otherwise constitute a false claim or prohibited act..."

Read the Governor's Executive Order No. 7U

 

District of Columbia

A Government Code

"(E) The limitation on liability provided by this paragraph does not limit the applicability of other limitations on liability, including qualified and absolute immunity, that may otherwise apply to a person covered by this section; nor does this section limit the authority of the Mayor under this subsection..."

Read the Government Code 2304.01

 

Georgia

An Executive Order 4/14/2020 effective until the emergency terminates or ceases to be renewed by the Governor

"...That employees, staff, and contractors of healthcare institutions and medical facilities shall be considered auxiliary emergency management workers pursuant to Code Section 38-3-35. This provision shall only apply to employees, staff, and contractos of healthcare institutions and medical facilities defined by Code Sections 31-7-1(4)(a), 31-7-1(4)(C)-(G), and 31-7-1-(5) and where services are provided or performed during the Public Health State of Emergency..."

Read the Governor's Executive Order

 

Hawaii

An Order effective 4/16/20 for the duration of the emergency period

"Pursuant to sections 127A-12(a)(5) and 663-1.5, HRS, I direct all health care facilities, health care professionals, and health care volunteers, as defined in section 1 of this Executive Order, to render assistance in support of the State’s response to the disaster recognized by the Emergency Proclamations. For health care facilities, “rendering assistance” in support of the State’s response includes cancelling or postponing elective surgeries and procedures as each facility determines to be appropriate under the circumstances presented by the COVID-19 emergency if elective surgeries or procedures are performed at the health care facility. In addition, for health care facilities, “rendering assistance” in support of the State’s response must include measures such as increasing the number of beds, preserving personal protective equipment, or taking necessary steps to prepare to treat patients with COVID-19."

Read Executive Order Number 20-05

A Government Code

"(a) All volunteer emergency medical disaster response personnel including:

(1) Physicians;

(2) Psychologists;

(3) Nurses;

(4) Emergency medical technicians;

(5) Social workers;

(6) Mobile intensive care technicians;

(7) Physician assistants;  and

(8) Pharmacists,

licensed in the State, or employed by a health care facility, while engaged in the emergency response to a mass casualty event or disaster condition, including participation during periods of mass casualty and disaster management training, shall be deemed state employees or county employees, as the case may be, and shall have the powers, duties, rights, and privileges of such in the performance of their duties as prescribed by or under the authority of the governor or a county..."

Read the Government Code 321-23.3

 

Idaho

A Government Code
"IMMUNITY FROM CIVIL LIABILITY. Any licensed physician and surgeon shall be conclusively presumed to be qualified to undertake and to furnish any emergency medical or surgical care and treatment, regardless of the specialty training or skills which might otherwise be preferred for care and treatment of the particular patient, whenever, in the good faith judgment of such physician and surgeon, the condition and best interests of the patient require such physician and surgeon to undertake such care and treatment, and, in the absence of gross negligence under the existing circumstances, no physician so proceeding nor any hospital where such care and treatment is provided shall be held liable in any civil action arising out of the furnishing of such emergency care and treatment.
Nothing in this act shall be deemed to require any physician to undertake to or to furnish medical care and treatment, whether on an emergency basis or otherwise, to any person requesting or presented for such care and treatment, nor shall any such physician be held liable in any civil action by reason of his refraining from the furnishing of such care and treatment or referring the same to a specialist or other physician believed by him to be more uniquely or appropriately experienced and qualified. Neither shall any physician responding to any request for emergency care be held liable in any civil action by reason of failure to so respond with any greater promptness than may be reasonably required or expected, under the existing circumstances, of physicians and surgeons practicing in the particular community where such care and treatment is to be furnished."

 

Illinois

An Executive Order effective 4/1/2020 and for the remainder of the duration of the Gubernatorial Disaster Proclamations

"Section 3. Pursuant to Sections 15 and 21(b)-(c) of the IEMA Act, 20 ILCS 3305/15 and 21(b)-(c), I direct that during the pendency of the Gubernatorial Disaster Proclamation, Health Care Facilities, as defined in Section 1 of this Executive Order, shall be immune from civil liability for any injury or death alleged to have been caused by any act or omission by the Health Care Facility, which injury or death occurred at a time when a Health Care Facility was engaged in the course of rendering assistance to the State by providing health care services in response to the COVID-19 outbreak, unless it is established that such injury or death was caused by gross negligence or willful misconduct of such Health Care Facility, if 20 ILCS 3305/15 is applicable, or by willful misconduct, if 20 ILCS 3305/21 is applicable.

Section 4. Pursuant to Sections 15 and 21(b)-(c) of the IEMA Act, 20 ILCS 3305/15 and 21(b)-(c), I direct that during the pendency of the Gubernatorial Disaster Proclamations, Health Care Professionals, as defined in Section 1 of this Executive Order, shall be immune from civil liability for any injury or death alleged to have been caused by any act or omission by the Health Care Professional, which injury or death occurred at a time when a Health Care Professional was engaged in the course of rendering assistance to the State by providing health care services in response to the COVID-19 outbreak, unless it is established that such injury or death was caused by gross negligence or willful misconduct of such Health Care Professional, if 20 ILCS 3305/15 is applicable, or by willful misconduct, if 20 ILCS 3305/21 is applicable."

Read the Governor's Executive Order No. 2020-19

 

Indiana

A Government Code 

"Sec. 1. Except as provided in section 2 of this chapter, a person who meets the following criteria may not be held civilly liable for an act or omission relating to the provision of health care services in response to an event that is declared a disaster emergency under IC 10-14-3-12, regardless of whether the provision of health care services occurred before or after the declaration of a disaster emergency:

(1) Has a license to provide health care services under Indiana law or the law of another state.

(2) Provides a health care service:

(A) within the scope of the person's license to another person; and

(B) at a location where health care services are provided during an event that is declared as a disaster."

Read the Government Code

 

Iowa

A Government Code

"135.147 Immunity for emergency aid — exceptions. 1. A person, corporation, or other legal entity, or an employee or agent of such person, corporation, or entity, who, during a public health disaster, in good faith and at the request of or under the direction of the department or the department of public defense renders emergency care or assistance to a victim of the public health disaster shall not be liable for civil damages for causing the death of or injury to a person, or for damage to property, unless such acts or omissions constitute recklessness. 2. The immunities provided in this section shall not apply to any person, corporation, or other legal entity, or an employee or agent of such person, corporation, or entity, whose act or omission caused in whole or in part the public health disaster and who would otherwise be liable therefore..."

Read the Government Code 135.147

A Letter 6/18/2020 regarding a new law effective retroactively 1/1/2020 

"a. Sec. 7,    NEW SECTION. 686D,5 Safe harbor for compliance with regulations, executive orders, or public health guidance.

A person in this state shall not be held liable for civil damages for any injuries sustained from exposure or potential exposure to COVID-19 if the act or omission alleged to violate a duty of care was in substantial compliance or was consistent with any federal or state statute, regulation, order, or public health guidance related to COVID-19 that was applicable to the person or activity at issue at the time of the alleged exposure or potential exposure..."

Read the Governor's Letter SF2338

 

Kansas

A Statute effective during the emergency

"Emergency care by health care providers; liability; standards of care applicable. (a) Any health care provider who in good faith renders emergency care or assistance at the scene of an emergency or accident including treatment of a minor without first obtaining the consent of the parent or guardian of such minor shall not be liable for any civil damages for acts or omissions other than damages occasioned by gross negligence or by willful or wanton acts or omissions by such person in rendering such emergency care..."

Read the Kansas State Legislature 2012 Statute

 

Louisiana

A State Legislature effective during the emergency

"During a state of public health emergency, any private person, firm or corporation and employees and agents of such person, firm or corporation, who renders assistance or advice at the request of the state or its political subdivisions under the provisions of this Chapter shall not be civilly liable for causing the death of, or injury to, any person or damage to any property except in the event of gross negligence or willful misconduct..."

Read the Louisiana State Legislature RS 29:771

 

Maine

A Government Code

"§784-A. Right to call for and employ assistance

The Maine Emergency Management Agency and local organizations for emergency management may employ any person considered necessary to assist with emergency management activities. All persons called and employed for assistance shall proceed as directed by the Maine Emergency Management Agency or the local organization. Any person called and employed for assistance either within the State or in another state under chapter 16 or in a Canadian province under chapter 16-A is deemed to be an employee of the State for purposes of immunity from liability pursuant to sections 822, 926 and 940 and for purposes of workers' compensation insurance pursuant to sections 823, 928 and 942, except for persons excluded from the definition of employee pursuant to Title 39-A, section 102, subsection 11. A person holding a professional license in the State may be designated a member of the emergency management forces in that professional capacity only after the individual or the license issuer provides confirmation of a valid license..."

 

Maryland

An Emergency Proclamation

"A health care provider is immune from civil or criminal liability if the health care provider acts in good faith and under a catastrophic health emergency proclamation..."

Read the Emergency Proclamation 14-3A-06

 

Massachusetts

An Act effective 3/10/2020 until terminated or rescinded 

"“COVID-19 emergency rule”, an executive order, order of the commissioner of public health, declaration, directive or other state or federal authorization, policy, statement, guidance, rule-making or regulation that waives, suspends, or modifies otherwise applicable state or federal law, regulations or standards regarding (i) scope of practice or conditions of licensure, including modifications authorizing health care professionals licensed in another state to practice in the commonwealth, or (ii) the delivery of care, including those regarding the standard of care, the site at which care is delivered or the equipment used to deliver care, during the COVID-19 emergency..."

Read the Commonwealth of Massachusetts Act

A Bulletin 3/27/2020 to Insurance Carriers

"Medical Malpractice Carriers play an essential role in our public health care system ... we ask that all Medical Malpractice Carriers review their existing coverage..."

Read the Commissioner's Bulletin 2020-08

An Act effective 4/17 during the COVID-19 pandemic

"Notwithstanding any general or special law to the contrary, except as provided in subsection
(b), health care professionals and health care facilities shall be immune from suit and civil
liability for any damages alleged to have been sustained by an act or omission by the health  
care professional or health care facility in the course of providing health care services during
the period of the COVID-19 emergency, provided that ...."

Read the Commonwealth of Massachusetts Act Chapter 64 of the Acts of 2020

 

Michigan

An Executive Order effective until the end of the emergency

"Any unlicensed volunteers or students at a designated health care facility who perform activities in support of this state’s response to the COVID-19 pandemic constitute personnel of a disaster relief force under section 11 of the Emergency Management Act, MCL 30.411, and, with respect to such activities, are entitled to the same rights and immunities as provided by law for the employees of this state, as provided under MCL 30.411(1)(c).

Consistent with MCL 30.411(4), any licensed health care professional or designated health care facility that provides medical services in support of this state’s response to the COVID-19 pandemic is not liable for an injury sustained by a person by reason of those services, regardless of how or under what circumstances or by what cause those injuries are sustained, unless it is established that such injury or death was caused by the gross negligence, as defined in MCL 30.411(9), of such health care professional or designated health care facility..."

Read the Governor's Executive Order No. 2020-30

An Emergency Management Act of 1976

"The immunity granted by this subsection does not apply in the event of an act or omission that is willful or gross negligence. If a civil action for malpractice is filed alleging an act or omission that is willful or gross negligence resulting in injuries, the services rendered that resulted in those injuries shall be judged according to the standards required of persons licensed in this state to perform those services..."

Read the Emergency Management Act 390

 

Minnesota

A Government Code

"Subd. 2.Emergency executive order.

(a) During a national security emergency or a peacetime emergency declared under section 12.31, the governor may issue an emergency executive order upon finding that the number of seriously ill or injured persons exceeds the emergency hospital or medical transport capacity of one or more regional hospital systems and that care for those persons has to be given in temporary care facilities..."

Read the Government Code 12.61

 

Montana

A Government Code

"10-3-110. Medical services during declared emergency or disaster -- limitation of liability -- administrative disciplinary sanctions. (1) Except as provided in subsection (3), a health care professional licensed to practice in Montana who, in good faith and regardless of compensation, renders or fails to render emergency care, health care services, or first aid during a declared emergency or disaster is not liable for any civil damages or injury unless the damages or injury was caused by gross negligence or willful and wanton misconduct and as a result of:

(a) an act or omission arising out of activities undertaken in response to the disaster or emergency;

(b) any act or omission related to the rendering of or failure to render services; or

(c) evacuation or treatment or the failure to evacuate or provide treatment conducted in accordance with disaster medicine or at the direction of military or government authorities..."

Read the Government Code 10-3-110

 

Nevada

An Emergency Declaration 4/1/2020 effective until modified or rescinded

"All providers of medical services related to COVID-19 are performing services for emergency management subject to the order or control of and at the request of State Government and shall be afforded the immunities and protections set forth in NRS 414.110, subject to the same exclusions therein..."

Read the Governor's Declaration of Emergency Directive 011

An Emergency Management Act

"All functions under this chapter and all other activities relating to emergency management are hereby declared to be governmental functions. Neither the State nor any political subdivision thereof nor other agencies of the State or political subdivision thereof, nor except in cases of willful misconduct, gross negligence, or bad faith, any worker complying with or reasonably attempting to comply with this chapter, or any order or regulation adopted pursuant to the provisions of this chapter, or pursuant to any ordinance relating to any necessary emergency procedures or other precautionary measures enacted by any political subdivision of the State, is liable for the death of or injury to persons, or for damage to property, as a result of any such activity..."

Read the Emergency Management Act

 

New Hampshire

A Government Code

"21-P:41 Immunity and Exemption. –
    I. All functions under this subdivision and all other activities relating to emergency management are hereby declared to be governmental functions. Neither the state nor any of its political subdivisions nor any agency of the state or political subdivision, nor any private corporations, organizations, or agencies, nor any emergency management worker complying with or reasonably attempting to comply with this subdivision, or any order or rule adopted or regulation promulgated pursuant to the provisions of this subdivision, or pursuant to any ordinance relating to precautionary measures enacted by any political subdivision of the state, shall be liable for the death of or injury to persons, or for damage to property, as a result of any such activity. The provisions of this section shall not affect the right of any person to receive benefits to which he or she would otherwise be entitled under this subdivision, under the workers' compensation law, or under any retirement law, nor the right of any such person to receive any benefits or compensation under any act of Congress..."

Read the Government Code 21-P.41

 

New Jersey

An Executive Order 4/1/2020 effective during the emergency

"WHEREAS, the immunity granted in N.J.S.A. 26:13-19 extends to private entities, including healthcare providers, for injuries caused by acts or omissions in connection with a public emergency, or preparatory activities, that are exercised in good faith and pursuant to any order, rule or regulation adopted in response to a public health emergency; and..."

Read the Governor's Executive Order No. 112

 

New York

An Executive Order 3/23 extended until 8/20/2020 

"Subdivision (2) of section 6527, Section 6545, and Subdivision (1) of Section 6909 of the Education Law, to the extent necessary to provide that all physicians, physician assistants, specialist assistants, nurse practitioners, licensed registered professional nurses and licensed practical nurses shall be immune from civil liability for any injury or death alleged to have been sustained directly as a result of an act or omission by such medical professional in the course of providing medical services in support of the State’s response to the COVID-19 outbreak, unless it is established that such injury or death was caused by the gross negligence of such medical professional;..."

Read the Governor's Executive Order 202.10 and 202.53 extending it

 

An Emergency Disaster Treatment Protection Act effective 3/7/2020 in accordance with the emergency

"Notwithstanding any law to the contrary, except as provided in subdivision two of this section, any health care facility or health care professional shall have immunity from any liability, civil or criminal, for any harm or damages alleged to have been sustained as a result of an act or omission in the course of arranging for or providing health care services, if: (a) the health care facility or health care professional is arranging for or providing health care services pursuant to a COVID-19 emergency rule or otherwise in accordance with applicable law;  (b) the act or omission occurs in the course..."

Read the Act

 

North Carolina

An Executive Order 4/8/2020 effective for 60 days and an extension 7/24/2020 for 60 days

"...provides immunity from liability for emergency management workers, as defined in and provided in that statute, except in cases of willful misconduct, gross negligence, or bad faith..."

Read the Governor's Executive Order No. 130 and 152 extending it 60 days

An Emergency Management Act 0f 1977

"...except in cases of willful misconduct, gross negligence, or bad faith, any emergency management worker, firm, partnership, association, or corporation complying with or reasonably attempting to comply with this Article or any order, rule, or regulation promulgated pursuant to the provisions of this Article or pursuant to any ordinance relating to any emergency management measures enacted by any political subdivision of the State, shall be liable for the death of or injury to persons, or for damage to property as a result of any such activity..."

Read the Emergency Management Act

 

Ohio

A Government Code

"2305.2311 Immunity for care given in disaster.

(A) As used in this section:

(1) "Advanced practice registered nurse" means an individual who holds a current, valid license issued under Chapter 4723. of the Revised Code to practice as an advanced practice registered nurse.

(2) "Dentist" has the same meaning as in section 2305.231 of the Revised Code.

(3) "Disaster" means any occurrence of widespread personal injury or loss of life that results from any natural or technological phenomenon or act of a human, or an epidemic and is declared to be a disaster by the federal government, the state government, or a political subdivision of this state..."

Read the Government Code 2305.2311

 

Oklahoma

An Act effective 5/12/2020 until 10/31/2020 or the end of the emergency, whichever is later

“An Act relating to medical liability; establishing the COVID-19 Public Health Emergency Limited Liability Act; providing short title; defining terms; granting immunity from civil liability for acts or omissions of certain facilities or providers under emergency declaration; establishing exceptions to immunity from liability; construing provisions; providing for applicability of act; providing for expiration of act; providing for codification; and declaring an emergency.”

 
Read the Enrolled Act SB300

Oregon

A Government Code

"(4) The provisions of subsection (2) of this section apply only to emergency health care centers or health care facilities that have adopted emergency operations plans and credentialing plans that govern the use of emergency health care providers registered under ORS 401.654 and other health care providers who volunteer to perform health care services under ORS 401.651 to 401.670 . An emergency operations plan and a credentialing plan must comply with rules governing those plans adopted by the authority..."

Read the Government Code 401.667

 

Pennsylvania

An Executive Order 5/6/2020 effective for the duration of the disaster emergency

"... designate the following classifications of individuals as agents of the Commonwealth solely and exclusively for purposes of immunity from civil liability due to emergency services activities or disaster services activities only as related to the Commonwealth’s COVID-19 disaster emergency response .... This designation is without regard for whether such individuals receive remuneration ...."

Read the Order of the Governor 2020506

 

Rhode Island

An Executive Order 5/8/2020 effective immediately, extended until 9/2/2020

Statutory Immunity for Responding Hospitals, Health Care Workers and Others 9. The following are deemed and/or affirmed to be "disaster response workers" entitled to immunity under R.I. Gen. Laws 30-15-15(a) and to provide services beyond or without a license as permitted by R. I. Gen. Laws 30-15-15(b}: a. All persons and organizations subject to this Order solely to the extent their health care and/or personal assistance practices and/or protocols have been altered in order to test for, treat, contain, or minimize the risk of contracting or spreading COVID-19. "Persons and organizations subject to this Order" include but are not limited to health care entities, health care professionals..."

Read the Governor's Executive Order 20-33 and 20-59 extending it

A Government Code

"§ 30-15-15 Immunity from liability – Compensation for death or injury of disaster response workers. – (a) All functions under this chapter and all other activities relating to disaster response are hereby declared to be governmental functions. Neither the state nor any political subdivision thereof nor other agencies of the state or political subdivision thereof, nor, except in cases in willful misconduct, gross negligence, or bad faith, any disaster response worker complying with or reasonably attempting to comply with this chapter, or any order, rule, or regulation promulgated pursuant to the provisions of this chapter, or pursuant to any ordinance relating to precautionary measures enacted by any political subdivision of the state, shall be liable for the death of or injury to persons, or for damage to property, as a result of disaster response activity. The provisions of this section shall not affect the right of any person to receive benefits to which he or she would otherwise be entitled under this chapter, or under the Worker's Compensation Act, chapters 29 – 38 of title 28, or under any pension law, nor the right of any person to receive any benefits or compensation under any act of congress..."

Read the Government Code 30-15-15

 

South Carolina

A Government Code

"SECTION 44-4-570. Emergency powers regarding licensing of health personnel; appointment of in-state and out-of-state providers; liability of appointed providers for civil damages; appointment of emergency medical examiners or coroners; waiver of licensing fees and requirements; immunity..."

Read the Government Code 44-4-570

 

Tennessee

A Government Code

"(l)  (1)  If the governor of Tennessee declares an emergency in response to a catastrophic or major disaster, voluntary health care providers, including hospitals and community mental health care centers, participating in the emergency management assistance compact or southern regional emergency management assistance compact are immune from liability in providing the health care to victims or evacuees of the catastrophic or major disaster, as long as the services are provided within the limits of the provider's license, certification or authorization, unless an act or omission was the result of gross negligence or willful misconduct..."

Read the Government Code 58-2-107

 

Utah

An Amendment Effective 4/22/2020

“Drug Administration to treat the illness or condition described in Subsection (1)(f)(ii).
(2) (a) A health care provider is immune from civil liability for any harm resulting
from any act or omission in the course of providing health care during a declared major public
health emergency if:
(i) (A) the health care is provided in good faith to treat a patient for the illness or condition that resulted in the declared major public health emergency; or
(B) the act or omission was the direct result of providing health care to a patient for the illness or condition that resulted in the declared major public health emergency; and
(ii) the acts or omissions of the health care provider were not:
(A) grossly negligent; or
(B) intentional or malicious misconduct."

Read S.B. 3002 Emergency Health Care Access and Immunity Amendments

 

Vermont

An Amended Executive Order 6/15/2020 extended until midnight 9/15/2020

"COVID-19 Emergency Response Services. In accordance with the authority granted to the Governor pursuant to 20 V.S.A. §§ 8 and 9 to make, amend, and rescind necessary orders, rules, and regulations for emergency management purposes, I hereby adopt the following rule for the purpose of interpreting the scope of 20 V.S.A. § 20 relating to legal immunity for Health Care Facilities, Health Care Providers, and Health Care Volunteers, as defined herein, who are providing COVID-19 related emergency management services or response activities. The intent of this rule is to clarify that under protections afforded by 20 V.S.A. § 20, Health Care Facilities, Health Care Providers, and Health Care Volunteers would be immune from civil liability for any death, injury, or loss resulting from COVID-19 related emergency management services or response activities, except in the case of willful misconduct or gross negligence.

a. For purposes of this Amended and Restated Executive Order, the following terms are defined as set forth below; provided, however, these definitions are intended to provide further detail to the scope of the immunities provided in 20 V.S.A. § 20 and are not intended to limit or narrow the scope of the immunities provided therein:

i. “All-hazards” for purposes of the existing State of Emergency means the COVID-19 outbreak in Vermont which has been determined by the Governor to pose a threat or may pose a threat to public safety in Vermont.

ii. “Emergency functions” include, for purposes of this order, services provided by the public safety, firefighting services, police services, sheriff’s department services, medical and health services, including those services provided by Health Care Providers and Health Care Volunteers, rescue, communications, evacuation of persons, emergency welfare services, protection of critical infrastructure, emergency transportation, other functions related to civilian protection, and all other activities necessary or incidental to the preparation for and carrying out of these functions.

iii. “Emergency management” means the preparation for and implementation of all emergency functions, other than the functions for which military forces or other federal agencies are primarily responsible, to prevent, plan for, mitigate, and support response and recovery efforts from all hazards. Emergency management includes the equipping, exercising, and training designed to ensure that this state and its communities are prepared to deal with all-hazards.

iv. “Health Care Facilities” means State licensed nursing homes (as defined in 33 V.S.A. § 7102(7)) and Middlesex Therapeutic Community Residence, all State licensed assisted living residences (as defined in 33 V.S.A. § 7102(1)), Level III residential care homes (33 V.S.A. 7102(10)(A)), intermediate care facilities for individuals with intellectual disability (ICF/ID) (42 C.F.R. § 440.150), all State therapeutic community residences (as defined in 33 V.S.A. § 7102 (11)), Level IV residential care homes (33 V.S.A. § 7102 (10)(B)), all hospitals (as defined in 18 V.S.A. § 1902) and all alternate or temporary hospital sites and other isolation, quarantine or housing sites designated by the Commissioner of PSD/VEM for the treatment of, or alternate shelter for those who have been exposed to or infected with COVID-19.

v. “Health Care Providers” means all health care providers as defined by 18 V.S.A. § 9432(9), including volunteers, who are providing health care services in response to the COVID-19 outbreak and are authorized to do so.

vi. “Health Care Volunteers” means all volunteers or medical or nursing students who do not have licensure who are providing services, assistance, or support at a Health Care Facility in response to the COVID-19 outbreak and are authorized to do so.

b. For Health Care Facilities and Health Care Providers, an emergency management service or response activity, includes, but may not be limited to:

i. Expedited postponement of non-essential adult elective surgery and medical and surgical procedures, including dental procedures, in the safest but most expedient way possible, as ordered by Addendum 3 of the Executive Order, if elective surgeries and medical and surgical procedures are performed at the Health Care Facility or by the Health Care Provider;

ii. Cancelling or denying elective surgeries or procedures or routine care to the extent determined necessary for the health, safety and welfare of a patient or as necessary to respond to the COVID-19 outbreak;

iii. Redeployment or cross training of staff not typically assigned to such duties, to the extent necessary to respond to the COVID-19 outbreak;

iv. Planning, or enacting, crisis standard-of-care measures, including, but not limited to, modifying numbers of beds, preserving PPE, and triaging access to services or equipment as necessary to respond to the COVID-19 outbreak; and

v. Reduced record-keeping to the extent necessary for Health Care Providers to respond to the COVID-19 outbreak.

c. For Health Care Volunteers, “emergency management services or response activities” also includes providing services, assistance, or support at a Health Care Facility in response to the COVID-19 outbreak.

d. Nothing contained in this Amended and Restated Executive Order shall alter existing law with respect to gross negligence or willful misconduct."

Read the Governor's Amended Executive Order 01-20 and Addendum 3 extending it

 

Virginia

A Miscellaneous Provision effective 4/28/2020 granting certain immunity for health care providers  

"A. In the absence of gross negligence or willful misconduct, any health care provider who responds to a disaster by delivering health care to persons injured in such disaster shall be immune from civil liability for any injury or wrongful death arising from abandonment .... "

"B. In the absence of gross negligence or willful misconduct, any hospital or other entity credentialing health care providers to deliver health care in response to a disaster shall be immune from civil liability for any cause of action arising out of such credentialing or granting of practice privileges if ...."

Read Code § 8.01-225.01. 

Wisconsin

An Act 4/15/2020

"...IMMUNITY...

(a)   The action or omission is committed while the professional, provider, employee, agent, or contractor is providing services during the state of emergency declared under s. 323.10 on March 12, 2020, by executive order 72, or the 60 days following the date that the state of emergency terminates.

(b)   The actions or omissions relate to health services provided or not provided in good faith or are substantially consistent with any of the following:

  1. Any direction, guidance, recommendation, or other statement made by a federal, state, or local official to address or in response to the emergency or disaster declared as described under par. (a).
  2. Any guidance published by the department of health services, the federal department of health and human services, or any divisions or agencies of the federal department of health and human services relied upon in good faith.

(c) The actions or omissions do not involve reckless or wanton conduct or intentional misconduct."

Read Act 185

 

Wyoming

A Government Code

"35-4-114. Immunity from liability. (a) During a public health emergency as defined by W.S. 35-4-115(a)(i), any health care provider or other person who in good faith follows the instructions of the state health officer in responding to the public health emergency is immune from any liability arising from complying with those instructions. This immunity shall apply to health care providers who are retired, who have an inactive license or who are licensed in another state without a valid Wyoming license and while performing as a volunteer during a declared public health emergency as defined by W.S. 35-4-115(a)(i). This immunity shall not apply to acts or omissions constituting gross negligence or willful or wanton misconduct..."

Read the Government Code 35-4-114

State Immunity Guidelines

These links go to state-specific COVID-19 immunity guideline pages. Italics means they have issued a statement about immunity or the standard of care.

 Last updated 8/17/2020.

 

Coronavirus (COVID-19) Information Center

Back to the Information Center

 

Dept. of Insurance (DOI) Bulletins

More than 30 state DOIs have issued guidance regarding premium payment, cancellations or nonrenewal notice grace periods.

Visit the COVID-19 DOI Bulletins page

 

COVID-19 State Guidelines for Returning to Practice

Get up-to-date information on guidance and requirements states have issued on returning to full-time practice as social distancing restrictions are lifted.

Visit the State Guidelines for Returning to Practice page.