Governor Baker Signs Emergency Legislation to Enact Liability Immunity During COVID-19
The House and Senate passed
S.2640, “An Act to Provide Liability Protections for Health Care Workers and Facilities During the COVID-19 Pandemic”
, which was signed into law by Governor Baker.
The MOA worked diligently to support the MMS and other organizations to garner the support of Legislators and we thank all the members who answered the MOA’s Call to Action and contacted their Representatives.
The immunity applies to:
“ (a) 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:
1. the health care facility or health care professional is arranging for or providing health care services pursuant to a COVID-19 emergency rule and in accordance with otherwise applicable law;
2. arranging for or providing care or treatment of the individual was impacted by the health care facility’s or health care professional’s decisions or activities in response to or as a result of the COVID-19 outbreak or COVID-19 emergency rules; and
3. the health care facility or health care professional is arranging for or providing health care services in good faith.”
Immunity does not apply for gross negligence, recklessness or conduct with an intent to harm by a health care facility or health care professional providing health care services.
Also, in response to concerns around possible discrimination of certain populations, the following language has been added:
(b) The immunity provided in subsection (a) shall not apply: (i) if the damage was caused by an act or omission constituting gross negligence, recklessness or conduct with an intent to harm or to discriminate based on race, ethnicity, national origin, religion, disability, sexual orientation or gender identity by a health care facility or health care professional providing health care services; (ii) to consumer protection actions brought by the attorney general; or (iii) to false claims actions brought by or on behalf of the commonwealth.
The bill has an emergency preamble, meaning it will take effect upon its passage and will apply to claims based on acts or omissions that occur or have occurred during the effective period of the COVID-19 emergency, declared on March 10, 2020 and until terminated or rescinded.
