HB403: Health care providers; those responding to disaster immune from liability.

Chief Patron

Del. Phil Hamilton (R-93)

Phil Hamilton (R-93)
Newport News, VA
Served: 1988–

Progress

	Introduced
	Passed Committee
	Passed House
	Passed Senate
	Signed by Governor
	Became Law

Status

03/02/2008: signed by governor

View Entire History

Summary

Health care provider liability protections.  Provides that, in the absence of gross negligence or willful misconduct, health care providers who respond to a disaster are immune from civil liability for any injury or wrongful death arising from the delivery or withholding of health care. This immunity only applies if a state or local emergency has been or is subsequently declared in response to such a disaster. This bill further provides that the failure of a health care provider to deliver the same level or manner of care that would be delivered under nondisaster circumstances does not constitute a breach of duty by such provider where the failure results from a lack of necessary resources. The bill also allows persons who hold licenses or certificates evidencing their professional or mechanical skills who render aid involving that skill during a disaster to receive reimbursement for their actual and necessary expenses. The bill also combines the definitions of the terms "man-made disaster" and "natural disaster" as contained in the Commonwealth of Virginia Emergency Services and Disaster Law of 2000 into the term "disaster" and adds the term "communicable disease of public health threat" to the definition. The bill also expands when immunity attaches for health care providers who abandon patients in order to respond to a disaster to include disasters, emergencies, and major disasters. This bill also makes technical amendments.