Tennessee Governor Lee Releases Executive Order No. 53 with Limited Liability Protections for Health Care Providers

Butler Snow LLP

Butler Snow LLP

On July 1, 2020, Governor Bill Lee issued Executive Order 53 which provides limited COVID-related liability protection for health care providers. Executive Order 53 is effective as of July 2, 2020 and will remain in effect until July 31, 2020 unless extended.

In summary, Executive Order 53:

  • Grants limited liability protection to all health care providers licensed, certified, or authorized under titles 33, 63, or 68 of the Tennessee Code.
  • Such health care providers will not be held liable for any illness, injury, death or damages related to the contraction of, or suspected contraction of COVID-19 alleged to have been caused within the limits of the provider’s license, certification, registration, or authorization.
  • Limited liability protection includes but is not limited to acts or omissions resulting from lack of resources attributable to or arising out of the provider’s response to COVID-19 that renders the health care provider unable to provide the level of care or services that would otherwise be required in the absence of the COVID-19 pandemic.
  • This protection does not include any act or omission caused by gross negligence or willful misconduct.

The full text of Executive Order No. 53 can be found at https://publications.tnsosfiles.com/pub/execorders/exec-orders-lee53.pdf.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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