End the duopoly

COVID-19 Health Care Provider Immunity Update

As the COVID-19 pandemic continues to dominate the legal landscape, approaches to establishing immunities for health care providers have rapidly evolved. Since mid-March, 23 states, through executive orders and/or legislation, have given health care providers limited grants of immunity for care provided to patients during the pandemic. When combining these new state actions with existing laws protecting health care providers from liability during states of public emergency, at least 33 states 1 currently offer some level of immunity with respect to care provided during the pandemic. In our April 7, 2020 Alert on this topic, Health Care Provider Liability During the COVID-19 Pandemic: Ways to Ensure Protection, we analyzed existing federal and state immunity protections for health care providers and facilities. We offered practical tips to providers facing this crisis and warned against the mistaken assumption that immunity protections, such as they may exist, are absolute. In this Alert, we update and expand our analysis of state and federal liability protections. State governments, through executive orders and/or legislation, have approached grants of immunity to health care providers and facilities in a multitude of different ways. A full state survey, with descriptions of and links to specific actions taken in […]

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