The Coronavirus Aid, Relief, and Economic Security (CARES) Act, passed by Congress and signed into law by President Trump on March 27, provides relief for Americans feeling the economic effects of social distancing, remote working, widespread closure of businesses and unemployment. A lesser known provision of the Act, Section 3215 ‘Limitation on Liability for Volunteer Health Care Professionals During COVID–19 Emergency Response,’ provides a different form of relief for certain health care professionals, specifically relief from potential legal liability from medical malpractice claims or lawsuits. Notably, the limited liability provision of the CARES Act only applies to volunteer health care professionals.
Last week, Governor Cooper took the idea of limited liability for health care workers responding to COVID-19 a step further. Executive Order No. 130, entered April 8, extends N.C. Gen. Stat. § 166A-19.60, the statute establishing limited liability for “emergency management workers,” to health care workers providing health care services to patients affected by COVID-19. The Executive Order protects health care workers from legal liability for death or personal injury except in cases of willful misconduct, gross negligence, or bad faith. While the Order applies to all health care workers, both paid and volunteer, it does not extend to health care organizations to the extent they maintain professional liability insurance, as the availability of insurance is deemed to be a waiver of any immunity from liability. Governor Cooper’s Order will remain in effect for sixty (60) days.
To view Executive Order No. 130, click here.
[View source.]
