Gubernatorial Executive Orders

Alabama | Kay Ivey (R)

Date Issued: 5/8/2020

  • A business, health care provider, or other covered entity is not liable for injury, death, or property damage arising from any act or omission related to COVID-19 transmission or a covered COVID-19 response activity, unless a claimant shows by clear and convincing evidence that the injury was caused by wanton, reckless, willful, or intentional misconduct.
    • Unless there is a “serious physical injury,” liability is limited to actual economic compensatory damages. Noneconomic and punitive damages are not available. Punitive damages are the only relief in a wrongful death action.
  • For a cause of action that accrued before the Proclamation and where a court finds the liability protections above do not apply, a covered entity is not liable for negligence, premises liability, or for any non-wanton, non-willful, or non-intentional civil cause of action relating to COVID-19 response activity unless the claiming proves by clear and convincing evidence that the business, health care provider, or other covered entity did not reasonably attempt to comply with the then applicable public health guidance.
    • Unless there is a “serious physical injury,” liability is limited to actual economic compensatory damages. Damages for mental anguish, emotional distress, or punitive damages are not available. Punitive damages are the only relief in a wrongful death action.
  • A “covered COVID-19 response” includes activities such as testing and investigating exposures, providing health care services in response to COVID-19 or that was negatively affected by COVID-19, manufacturing or precautionary equipment such as PPE in connection with COVID-19, or any design or manufacturing of testing materials under the direction of the Alabama Department of Public Health.
  • “Serious physical injury” is defined as “a death or an injury that requires either in-patient hospitalization of at least 48 hours, permanent impairment of a bodily function, or permanent damage to a body structure.”
  • If a court holds the standard of care (wanton, reckless, willful, or intentional misconduct) is invalid, then the standard is (1) failure to comply with or reasonably attempt to comply with applicable public health guidance, or (2) willful misconduct, gross negligence, or bad faith.
Arizona | Doug Ducey (R)

Date Issued: 4/9/2020 | PDF

  • An Arizona-licensed healthcare professional, a registered and recruited volunteer health professional, or an EMT in the course of providing medical services in support of the state’s COVID-10 public-health emergency is presumed to have acted in good faith and is immune from civil liability.
  • A healthcare professional, EMT, healthcare institution, or any other entity operating a modular field treatment facility or other site in support of the state’s COVID-19 response, whether or not it is a licensed healthcare institution, designated by the Director of the Arizona Department of Health Services for temporary use is immune from civil liability for triage decisions based on good faith reliance on mandatory or voluntary state-approved protocols.
  • Any entity operating a modular field treatment facility or other site is also immune from civil liability for acts or omissions undertaken in good faith by its agents, officers, employees, representatives, or volunteers while providing healthcare services in support of the state’s COVID-19 response.
  • This liability protection does not extend to gross negligence or reckless or willful misconduct, such as a healthcare professional or volunteer render medical services under the influence of alcohol or an intoxicating drug.
  • Expires on June 30, 2020 unless extended.
Arkansas | Asa Hutchinson (R)

AR E.O. No. 20-18

Date Issued: 4/13/2020

  • Provides immunity to physicians, physician assistants, specialist assistants, nurse practitioners, licensed registered nurses, and licensed practical nurses for injury or death sustained directly as a result of an act or omission by the medical professional in the course of providing services in support of the State’s COVID-19 response or the implementation of measures to control the causes of the COVID-19 epidemic. 
    • Takes this action by expanding the definition of “emergency responder” in the Arkansas Emergency Services Act of 1973, which are protected from liability when complying with or reasonably attempting to comply with that law except  in cases of willful misconduct, gross negligence, or bad faith. Ark. Code  § 12-75-128.
  • Does not apply when:
    • The person acted outside the scope of his or her practice unless the person has been redeployed to the extent necessary to respond to the COVID-19 outbreak; or 
    • The person acted with gross negligence, willful misconduct, or bad faith.
  • Runs for the duration of the COVID-19 emergency declared on March 11, 2020.

AR E.O. No. 20-33 – Premises Liability

Date Issued: 6/15/2020

  • Businesses that open or remain open during the COVID-19 emergency are immune from civil liability for damages or injuries caused by an individual’s exposure to COVID-19 on their premises or during any activity managed by them.
  • Does not apply to willful, reckless, or intentional misconduct.
  • Provides a presumption that a person has not committed willful, reckless, or intentional misconduct if the person and its agents are:
    • Substantially complying with health and safety directives or guidelines issued by the Governor or Department of Health; and
    • Acting in good faith while attempting to comply with these directives and guidelines.
  • Applies to claims against the state.
  • Applies to lawsuits filed on or after June 15, 2020 and expires when the emergency ends.

AR E.O. No. 20-34 – Healthcare Liability

Date Issued: 6/15/2020

  • All individuals and entities that are healthcare providers are designated as emergency responders during the COVID-19 public health emergency.
  • “Healthcare providers” include anyone licensed, certified, or otherwise authorized by law to administer health care in Arkansas, and any partnership, association, corporation, or other facility or institution that employs or contracts with a healthcare provider to provide healthcare services in their normal course of business or operation.
  • Requests that emergency responders perform healthcare services directed at the prevention, treatment, mitigation, or cure of COVID-19 and other emergency management functions within the scope of their licensure, including:
    • Triage, diagnostic testing, and/or treatment to individuals with known or suspected COVID-19;
    • Cancelling, postponing, or denying elective procedures for an illness or condition that does not fall within the scope of the COVID-19 public health emergency;
    • Redeploying or cross training staff not typically assigned to such duties, to the extent necessary to respond to the COVID-19 public health emergency;
    • Planning to or enacting crisis standards of care measures, such as modifying numbers of beds, preserving personal protective equipment, and triaging access to services or equipment; and
    • Reducing recordkeeping requirements to the extent necessary for healthcare providers to perform tasks as may be necessary to respond to the COVID-19 public health emergency.
  • As emergency responders, healthcare providers are immune from liability for any death, injury, or property damage allegedly sustained as a result of any act or omission in the course of providing COVID-19 related emergency management functions during the public health emergency if the act or omission occurs as a result of a good faith effort on the part of the healthcare provider and was the direct result of providing healthcare service to a patient for treatment and mitigation of COVID-19 or the symptoms of COVID-19 during the public health emergency.
    • Does not extend to willful, reckless, or intentional misconduct.
  • Healthcare providers are also immune from liability for using any prescription drug or device to treat a known or suspected COVID-19 infection provided that the prescription is within the scope of the healthcare provider’s license, the healthcare provider prescribes the drug or device in accordance with the most recent recommendations of a federal agency; and the healthcare provider informs the patient of the known positive and negative outcomes of documents the patient’s informed consent.

AR E.O No. 20-35 – Workers’ Compensation

Date Issued: 6/15/2020

  • An employer’s knowledge that it is possible or likely that an employee will be exposed to COVID-19 during the normal course and scope of an employee’s job performance does not constitute intentional conduct that permits a civil action outside the exclusivity of the workers’ compensation law.
  • COVID-19 qualifies as an “occupational disease” for workers’ compensation purposes and is not considered a “ordinary disease of life to which the general public is exposed,” allowing those who are exposed to COVID-19 at work to file workers’ compensation claims. An employee asserting a workers’ compensation claim, however, must meet all requirements of proof for an occupational disease, including a causal connection between employment and the disease.
Connecticut | Ned Lamont (D)

Date Issued: 4/7/2020 | PDF

  • A health care professional or facility is immune from civil liability for an injury or death allegedly sustained allegedly sustained because of an act or omission undertaken in good faith while providing care in support of the state’s COVID-19.
    • Examples are acts of omissions undertaken because of a lack of resources attributable to the COVID-19 pandemic that renders the health care professional or facility unable to provide the level or manner of care that otherwise would have been required in absence of the COVID-19 pandemic.
  • This liability protection does not apply to acts or omissions that constitute a crime, or constitute fraud, malice, gross negligence, willful misconduct, or a false claim.
  • Applies to acts or omissions occurred any time after the declaration of a public health emergency on March 10, 2020, including actions prior to issuance of the Order, and remains in effect for the duration of the emergency.
Delaware | John Carney (D)

Delaware Twelfth Modification of the Declaration of a State of Emergency Due to a Public Health Threat

Date Issued: 4/23/2020

  • The Order designates as “qualified medical personnel” health care volunteers who have held an active license or certification in any state that is now inactive, expired, or lapsed, and who register with the Medical Reserve Corps and work in a hospital that activates a crisis standard of care for COVID-19 that has been granted written approval by the Public Health Authority.
  • This designation provides health care volunteers with immunity for any loss resulting from relief activities under 20 Del. C. § 3129.
  • Does not apply if the death, injury, or damage to property was intentional or caused by the willful or wanton disregard of the rights of others.
Georgia | Brian Kemp (R)

GA E.O. 04.14.20.01

  • During the Public Health State of Emergency:
    • Employees, staff, and contractors of healthcare institutions and medical facilities are considered auxiliary emergency management workers.
    • Services provided by healthcare institutions and medical facilities are considered emergency management activities.
  • Ga. Code § 38-3-35 provides that: “[E]xcept in cases of willful misconduct, gross negligence, or bad faith, . . . [no] auxiliary emergency management worker . . . engaged in any emergency management activity complying with or reasonably attempting to comply with Articles 1 through 3 of this chapter . . . [or orders, regulations enacted pursuant to this chapter] shall be liable for the death of or the injury to person or for damage to property as a result of any such activity.”

GA E.O. 04.20.20.01

  • In addition to those above, designates as “auxiliary emergency management workers” and provides that their services are “emergency management activities” during the Public Health State of Emergency:
    • Cardiac technicians
    • Emergency medical technicians
    • Paramedics
    • Paramedic clinical preceptors
    • Officers and directors, employees, staff, and contractors of air ambulance service
    • Ambulance providers
    • Emergency services systems
    • EMSC programs
    • Local coordinating entities
  • This designation entitles them to immunity except for willful misconduct, gross negligence, or bad faith under Ga. Code Ann. § 38-3-35.

GA E.O. 05.12.20.02

  • In addition to those above, designates the following as “auxiliary emergency management workers” and their services as “emergency management activities” during the Public Health State of Emergency:
    • Dialysis technicians at health care facilities, including end stage renal disease facilities.
Hawaii | David Ige (D)

Date Issued: 4/16/2020 | PDF

  • Orders all health care facilities, professionals, and volunteers to render assistance in support of the State’s response to the COVID-19 disaster recognized by Emergency Proclamations.
    • For health care facilities, rendering assistance 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 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. 
    • For health care professionals, rendering assistance means providing health care services at a health care facility in response to the COVID-19 outbreak, or working under the direction of HIEMA or HDOH pursuant to the Emergency Proclamations. 
    • For health care volunteers, rendering assistance means providing services, assistance, or support at a health care facility in response to the COVID-19 outbreak, or working under the direction of HIEMA or HDOH pursuant to the Emergency Proclamations.
  • During the Emergency Proclamations, health care facilities, professionals, and volunteers that in good faith comply completely with all state and federal orders regarding the disaster emergency are immune from civil liability for any death or injury to persons, or property damage alleged to have been caused by any act or omission that occurred in the course of rendering assistance to the State by providing health care services in response to the COVID-19 outbreak. 
  • Does not apply to willful misconduct, gross negligence, or recklessness.
  • Does not preempt or limit any applicable immunity from civil liability available to any health care facility, professional, or volunteer.
Illinois | J. B. Pritzker (D)

E.O. 2020-19 (COVID-19 Order 17) Date Issued: 4/1/2020 | PDF (Superseded)

  • During the COVID-19 emergency, health care facilities, professionals, and volunteers are immune from civil liability for any injury or death allegedly caused by any act or omission while that person or entity was engaged in the course of rendering assistance to the state by providing health care services in response to the COVID-19 outbreak.
  • For health care facilities, rendering assistance includes:
    • Cancelling or postponing elective surgeries and procedures;
    • Measures such as increasing the number of beds, preserving personal protective equipment, or taking necessary steps to prepare to treat patients with COVID-19.
  • For health care professionals and volunteers, rendering assistance means working under the direction providing health care services at a health care facility in response to the COVID-19 outbreak, or working under the direction of IEMA or DPH in response to the Gubernatorial Disaster Proclamations.
  • This liability protection does not apply to the gross negligence or willful misconduct of a health care facility or professional, or to the willful misconduct of a health care volunteer.
  • Remains in effect for the duration of the Gubernatorial Disaster Proclamations.

E.O. 2020-37 (Issued 5/13/2020) Re-Issued by E.O. 2020-39 (Issued 5/29/2020) (COVID-19 Order 37) (Expired 6/27/2020)

  • Hospitals that conduct elective surgeries or procedures beginning on or after May 11, or health care professionals providing services in a hospital, are immune from civil liability for any injury or death relating to the diagnosis, transmission, or treatment of COVID-19 alleged to have been caused by any act or omission by the hospital or professional, which injury or death occurred at a time when a hospital or professional was rendering assistance to the State in response to the COVID-19 outbreak by providing health care services consistent with current IDPH guidance.
  • Health care facilities or health care professionals providing services in a health care facility are immune from civil liability for any injury or death relating to the diagnosis, transmission, or treatment of COVID-19 alleged to have been caused by any act or omission by the facility or professional, which injury or death occurred at a time when a facility or professional was rendering assistance to the State in response to the COVID-19 outbreak by providing health care services consistent with current IDPH guidance.
  • A health care volunteer is immune from civil liability for any injury or death alleged to have been caused by any act or omission by the volunteer, which injury or death occurred at a time when the volunteer was rendering assistance to the State in response to the COVID-19 outbreak by providing services, assistance, or support consistent with current IDPH guidance.
  • “Rendering assistance” in support of the State’s response includes:
    • For hospitals and health care facilities, measures such as increasing the number of beds, preserving and properly employing personal protective equipment, conducting widespread testing, and taking necessary steps to provide medical care to patients with COVID-19 and to prevent further transmission of COVID-19. 
    • For health care professionals and health care volunteers, providing health care services at a hospital or health care facility in response to the COVID-19 outbreak, or working under the direction of IEMA or IDPH in response to the Gubernatorial Disaster Proclamations.
    • To qualify as rendering assistance to the State:
      • Hospitals conducting elective surgeries or procedures must comply with IDPH’s current guidance on conducting elective surgeries and procedures. 
      • Hospitals must accept a transfer of a COVID-19 patient from another hospital that does not have the capacity and capability necessary to provide treatment for a COVID-19 patient if it has sufficient capacity and capability necessary to provide treatment for the COVID-19 patient. 
      • Health care facilities must, consistent with current guidance and recommendations from IDPH, (1) conduct widespread testing of residents and widespread and regular testing of staff for COVID-19, and (2) accept COVID-19 patients upon transfer or discharge from a hospital or health care facility.
  • Inapplicable to injuries caused by:
    • Gross negligence or willful misconduct by hospitals, health care facilities and health care professionals.
    • Willful misconduct by a health care volunteer.
  • Applies during the pendency of the Gubernatorial Disaster Proclamations.
  • Extended by EO 2020-39 through June 27, 2020. 
Iowa | Kim Reynolds (R)

Date Issued: 4/9/2020

Iowa Department of Health, PPE Shortage Order 

  • Following the governor’s declaration of a public health disaster emergency on March 17, 2020 in response to the COVID-19 pandemic, the Department is authorized to control, restrict, and regulate the use, sale, dispensing, distribution, or transportation of PPE.
  • PPE includes protective clothing, gloves, face shields, goggles, facemasks, respirators, gowns, aprons, coveralls, or other equipment designed to protect the wearer from injury or the spread of infection or illness.
  • Orders all Iowa health care providers, hospitals, health care facilities, clinics, local public health agencies, medical and response organizations, and any other person or facility utilizing PPE in the care or treatment of a patient or resident to cooperate with the Department and local boards of health to assess and monitor the supply of PPE by:
    • Decreasing demand by taking actions such as minimizing patient contacts and banning nonessential medical services, and canceling elective procedures.
    • Implementing contingency capacity strategies, such as extended use of facemasks and respirators.
    • Implementing crisis capacity strategies, such as reusing facemasks and respirators.
  • Iowa Code § 135.147 provides immunity for persons, corporations, and other entities, and their employees and agents who provide medical care or assistance in good faith under the direction of the Department of Public Health during a public health disaster. 
    • This immunity does not apply reckless conduct.
  • A health care provider, hospital, health care facility, and any other person, corporation, or other legal entity or employee of all such entities acting in compliance with this Order, or other guidance issued by the Iowa Department of Public Health or the CDC related to optimizing PPE supply, in good faith is acting at the request of and under the direction of the Department and qualifies for immunity.
Kansas | Laura Kelly (D)

Date Issued: 4/22/2020

  • Healthcare providers making clinical triage decisions and rendering assistance, testing, care, or advice in the care of suspected or confirmed COVID-19 patients are immune from suit.
  • Does not apply to an adverse event or injury caused by the willful misconduct, gross negligence, recklessness, or bad faith. 
  • The order is “not intended to extend to medical treatment or procedures performed in the ordinary or customary course of practice.”
  • Applies beginning April 22, 2020, until the later of May 31, 2020, or the expiration of the statewide COVID-19 State of Disaster Emergency.
Maryland | Larry Hogan (R)

Maryland Declaration of State of Emergency and Existence of Catastrophic Health Emergency – COVID-19

Date Issued: 3/5/2020

  • Issuance of a catastrophic health emergency proclamation automatically triggers liability protection for health care providers.
  • Md. Code Ann. Pub. Safety § 14-3A-06 provides: “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.”
    • A “health care provider” includes:
      • a health care facility, including a hospital, a related institution, an ambulatory surgical facility, an inpatient rehabilitation facility, a home health agency, a hospice, any other health institution, service, or program that requires a certificate of need.
      • a health care practitioner includes any individual who is licensed, certified, or otherwise authorized under the Health Occupations Article to provide health care services.
      • an individual licensed or certified as an emergency medical services provider under Maryland law.
Michigan | Gretchen Whitmer (D)

E.O. 2020-30 Issued: 3/30/2020 | PDF

Rescinded and Replaced with E.O. 2020-61 (4/26/2020)

Extended by E.O. 2020-100 (5/22/2020)

Rescinded by E.O. No. 2020-150 (7/13/2020)

  • A licensed health care professional or designated health care facility that provides medical services in support the state’s response to the COVID-19 pandemic is immune from civil claims.
  • This liability protection does not apply if the injury or death was caused by the health care professional’s or facility’s gross negligence. 
  • Remains in effect until the end of the declared emergency.
Mississippi | Tate Reeves (R)

Date Issued: 4/10/2020 | PDF

  • A healthcare professional or facility is immune from civil liability for an injury or death allegedly sustained because of acts or omissions while providing healthcare services.
  • This immunity includes, but is not limited to:
    • Screening, assessing, diagnosing, treating patients for COVID-19 or otherwise acting in support of the State’s COVID-19 response.
    • Acts or omissions stemming from a lack of resources attributable to the COVID-19 pandemic that renders the healthcare professional or facility unable to provide the level or manner of care that otherwise would have been required in the absence of the COVID-19 pandemic.
  • This liability protection does not apply to acts or omissions that constitute a crime, fraud, malice, reckless disregard, willful misconduct, or would otherwise constitute a false claim.
  • Expires on May 15, 2020, unless modified, amended, rescinded, or superseded.
Nevada | Steve Sisolak (D)

Nevada Declaration of Emergency Directive 011

Date Issued: 4/1/2020

  • All providers of medical services related to COVID-19 are considered agents of the state for tort liability and immunity purposes.
  • Liability protection does not extend to willful misconduct, gross negligence, or bad faith as provided in the state’s emergency management statute, Nev. Rev. Stat. § 414.110.
  • Effective April 1, 2020. Remains in effect until modified or terminated by a subsequent directive.
New Hampshire | Chris Sununu (R)

Date Issued: 3/13/2020

  • Generally orders all facilities providing residential care to elderly or infirm patients to prohibit visitor access to reduce transmission of COVID-19.
    • Contains exceptions, including for medically necessary personnel.
  • The state’s emergency powers law provides that no “private corporations . . . complying with or reasonably attempting to comply with . . . any order . . . adopted . . . pursuant to the provisions of this subdivision . . . shall be liable for the death of or injury to persons, or for damage to property, as a result of any such activity.” N.H. Rev. Stat. Ann. § 21-P:41(I).
  • As a result of the Executive Order and this existing statute, nursing homes are immune from liability for any injury or death at a nursing home caused by denying access to visitors who are not permitted entrance under the Order.
New Jersey | Phil Murphy (D)

Date Issued: 4/1/2020 | PDF

  • A licensed healthcare professional or individual granted a temporary license to practice in connection with the state’s COVID-19 response is immune from liability in the course of providing healthcare serves in good faith in support of the state’s COVID-19 response. This protection applies regardless of whether the individual’s acts were in the scope of his or her licensed practice.
  • A healthcare facility, modular field treatment facility, and any other site designated by the Commissioner of the Department of Health for temporary use to provide essential services in support of the state’s COVID-19 response, including hotels and student dormitories, are immune from civil liability for any damages allegedly sustained as a result of an act or omission undertaken in good faith in support of the state’s COVID-19 response by its agents, officers, employees, servants, representatives or volunteers.
  • These liability protections do not apply to acts or omissions that constitute a crime, actual fraud, gross negligence, or willful misconduct.
  • Applies to acts or omissions occurring at any time during the State of Emergency or Public Health Emergency, including those occurring prior to issuance of the Order.
New Mexico | Michelle Lujan-Grisham (D)

Date Issued: 4/2/2020 | PDF

Allows certain Canadian nurses to provide care during the pendency of the COVID-19 pandemic 

New York | Andrew Cuomo (D)

Date Issued: 3/23/2020 | PDF

  • Health care professionals are immune from civil claims for any injury or death alleged to have been sustained directly as a result of an act or omission in the course of providing medical services in support of the State’s response to the COVID-19 outbreak.
  • Applies to physicians, physician assistants, specialist assistants, nurse practitioners, licensed registered professional nurses and licensed practical nurses.
  • This liability protection does not apply if the injury or death was caused by the gross negligence of the medical professional.
  • Expires April 22, 2020.
Pennsylvania | Tom Wolf (D)

Date Issued: May 6, 2020

  • Designates licensed, certified, registered, or otherwise authorized health care professionals who is engaged in providing COVID-19 care as “agents of the commonwealth” solely for purposes of immunity from civil liability related to the Commonwealth’s COVID-19 disaster emergency response.
  • Covers practitioners providing care at any health care facility, nursing facility, personal care home, and assisted living facility, as well as at an alternate care site, community-based testing site, or non-congregate care facility used for the purpose of conducting emergency services activities or the provision of disaster services activities related to the Commonwealth’s COVID- 19 disaster emergency response.
    • Does not extend to health care “facilities or entities themselves.”
    • Does not extend to “health care professionals rendering non-COVID-19 medical and health treatment or services.”
  • Affirms immunity for any person, organization or authority allowing real estate or other premises used for emergency services without compensation for negligently causing death, injury, or loss or damage to the property of any person who is on the premises for the purpose of those emergency services.
  • Does not include acts or omissions that constitute gross negligence or willful misconduct.
  • Effective immediately and remains in effect for the duration of the disaster emergency.
Rhode Island | Gina Raimondo (D)

Executive Order No. 20-21

Date Issued: 4/10/2020

  • Extends immunity provided to “disaster response workers” under R.I. Gen. Laws § 30-15-15(a) to:
    • Health care facilities, health care professionals and other individuals and organizations assisting in responding to the virus and treating COVID-19 patients, whether delivering services in existing hospitals or surge hospitals, nursing facilities, or alternative nursing care sites.
      • Does not provide immunity for negligence that occurs in the course of providing patient care to patients without COVID-19 whose care has not been altered by the existence of the disaster emergency.
    • Landlord making the surge hospital locations and alternative nursing care sites available to the State, plus their employees, management companies, and contractors providing services to construct, operate or decommission the surge hospital locations.
    • Existing law does not limit liability for willful misconduct, gross negligence, or bad faith.
  • Permits health care workers to provide services beyond or without a license as permitted by R.I. Gen. Laws 30-15-15(b).

Executive Order No. 20-33

Date Issued: 5/8/2020

  • Expands the definition of “disaster response workers” entitled to immunity under Executive Order No. 20-21 to include health care entities, health care professionals and health care workers providing community-based health care, long term care, congregate care, services at alternative hospitals and services in existing hospitals, nursing facilities, assisted living residences, home health care, hospice, adult day care and PACE organizations.
  • Renews other provisions of Executive Order No. 20-21, including immunity for landlords that make alternative hospital sites available to the state.
  • Effective May 8, 2020 and remains in effect until June 7, 2020, unless renewed, modified or terminated by a subsequent Executive Order.
Tennessee | Bill Lee (R)

E.O. No. 53 (7/1/2020)

  • Health care providers are not liable for personal injury or death claims related to COVID-19 alleged to have been caused by acts or omissions within the limits of the provider’s license, certification, registration, or authorization, including acts or omissions resulting from lack of resources attributable to or arising out of the provider’s COVID-19 response that renders the health care provider unable to provide the level or manner of care or services that would otherwise be required in the absence of the COVID-19 pandemic.
  • Applies to health care providers licensed, certified, authorized under title 33 (mental health, substance abuse, and intellectual and developmental disabilities), title 63 (healing arts), and title 68 (health safety and environmental protection). 
    • Title 63 provides for licensing of a broad range of health care professionals, such as physicians, physician assistants, nursing home administrators, respiratory therapists, and pharmacists.
    • Title 68  provides for licensing of hospitals, recuperation centers, nursing homes, homes for the aged, assisted-care living facilities, home care organizations, residential hospices, renal dialysis clinics, ambulatory surgical treatment centers, outpatient diagnostic centers, and adult care homes, among others.
  • Does not include acts or omissions caused by gross negligence or willful misconduct.
  • Effective July 2, 2020 to July 31, 2020, unless extended.

E.O. 14, An Order Suspending Provisions of Certain Statutes
and Rules in Order to Facilitate the Treatment and Containment of COVID-19

Date Issued: 3/12/2020

  • Declaration of an emergency in response to a catastrophic or major disaster automatically triggers civil immunity for voluntary health care providers, including hospitals and community mental health care centers, that participate in the Emergency Management Assistance Compact or Southern Regional Emergency Management Assistance Compact in providing healthcare to victims of the disaster as long as the services are provided within the limits of the provider’s license, certification, or authorization. Tenn. Code Ann. § 58-2-107(l)(1).
  • If additional medical resources are required, the governor may extend this liability protection to certain other health care providers.
  • Does not apply to gross negligence or willful misconduct.
  • The liability protection does not extend for more than 30 days unless extended by the governor for an additional 30 days to ensure the provision of emergency services in response to the catastrophic or major disaster.
Vermont | Phil Scott (R)

Addendum 9 to E.O. 01-20 (4/10/2020)

  • Health care facilities, providers, and volunteers who provide COVID-19 emergency management services or response activities are immune from civil liability for any death, injury, or loss resulting from these services or activities.
    • For health care facilities and providers, an emergency management service or response activity, includes, but is not limited to:
      • 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;
      • 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;
      • Redeployment or cross training of staff not typically assigned to such duties, to the extent necessary to respond to the COVID-19 outbreak;
      • 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
      • Reduced record-keeping to the extent necessary for Health Care Providers to respond to the COVID-19 outbreak.
    • 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.
  • Does not apply to gross negligence or willful misconduct.
  • Initially effective April 10 through May 15, 2020. Extended to June 15, 2020 by Addendum 14 to Executive Order 01-20.
Virginia | Ralph Northam (D)

Executive Order No. 51

Date Issued: 3/12/2020

  • Issuance of a State of Emergency automatically triggers liability protections related to abandonment for health care providers and credentialing for hospitals under Va. Code Ann. § 8.01-225.01(A).
    • A health care provider who responds to a disaster by delivering health care to persons injured in such disaster is immune from civil liability for any injury or wrongful death arising from abandonment by the health care provider of a person to whom such health care provider owes a duty to provide health care when (i) a state or local emergency has been or is subsequently declared; and (ii) the provider was unable to provide the requisite health care to the person to whom he owed such duty of care as a result of the provider’s voluntary or mandatory response to the relevant disaster.”
    • A hospital or other entity credentialing health care providers to deliver health care in response to a disaster is immune from civil liability for any cause of action arising out of such credentialing or granting of practice privileges if (i) a state or local emergency has been or is subsequently declared and (ii) the hospital has followed procedures for such credentialing and granting of practice privileges that are consistent with the applicable standards of an approved national accrediting organization for granting emergency practice privileges.
    • Does not apply to gross negligence or willful misconduct.
    • Health care provider is defined broadly under Va. Code Ann. § 8.01-581.1.

Executive Order No. 60

Date Issued: 4/28/2020

  • Clarifies application of existing Virginia law that provides liability protection to healthcare providers when responding to a disaster to COVID-19.
  • The liability protection applies to conduct including:
    • Temporary withholding of the provision of procedures, consultations or surgeries performed in an inpatient or outpatient surgical hospital, free-standing emergency department or endoscopy center, physicians’ office, or dental, orthodontic, oral surgeon, or endodontic offices that require PPE, the delay of which was not anticipated to cause harm to the patient by negatively affecting the patient’s health outcomes, or leading to disability or death. 
  • The liability protection also extends to emergency and subsequent conditions caused a lack of resources, attributable to the disaster, rendering the health care provider unable to provide the level or manner of care that otherwise would have been required in the absence of the emergency” including claims arising from:
    • Insufficient availability of PPE, ventilators, or other drugs, blood products, supplies or equipment;
    • Insufficient availability of trained staff; 
    • Having licensed healthcare professionals deliver care that, while included in the scope of their licensure, exceeds the scope of their credentials at the hospital or other health care facility at which they deliver services or exceeds the scope of the services that they normally provide;
    • Implementation or execution of triage protocols or scarce resource allocation policies necessitated by healthcare provider declaration of crisis standards of care; and 
    • Using supplies or equipment in innovative ways that are different from the way that these supplies and equipment are normally used.
  • Does not include injuries resulting from gross negligence or willful misconduct.
  • Remains in effect until the expiration of the State of Emergency.

Updated 9/10/2020