Health care providers; those responding to disaster immune from liability. (HB403)
Introduced By
Del. Phil Hamilton (R-Newport News)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
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. Read the Bill »
Outcome
History
Date | Action |
---|---|
01/04/2008 | Prefiled and ordered printed; offered 01/09/08 080205528 |
01/04/2008 | Referred to Committee for Courts of Justice |
01/10/2008 | Assigned Courts sub: Civil |
01/28/2008 | Reported from Courts of Justice with substitute (22-Y 0-N) (see vote tally) |
01/29/2008 | Committee substitute printed 081483528-H1 |
01/30/2008 | Read first time |
01/31/2008 | Read second time |
01/31/2008 | Committee substitute agreed to 081483528-H1 |
01/31/2008 | Engrossed by House - committee substitute HB403H1 |
02/01/2008 | Read third time and passed House BLOCK VOTE (99-Y 0-N) |
02/01/2008 | VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally) |
02/01/2008 | Communicated to Senate |
02/04/2008 | Constitutional reading dispensed |
02/04/2008 | Referred to Committee on Education and Health |
02/14/2008 | Rereferred from Education and Health (15-Y 0-N) |
02/14/2008 | Rereferred to Courts of Justice |
02/18/2008 | Reported from Courts of Justice (12-Y 0-N) |
02/19/2008 | Constitutional reading dispensed (39-Y 0-N) (see vote tally) |
02/20/2008 | Read third time |
02/20/2008 | Passed Senate (40-Y 0-N) |
02/21/2008 | Enrolled |
02/21/2008 | Bill text as passed House and Senate (HB403ER) |
02/22/2008 | Signed by Speaker |
02/25/2008 | Signed by President |
03/02/2008 | G Approved by Governor-Chapter 120 (effective 7/1/08) |
03/02/2008 | G Approved by Governor-Chapter 121 (effective 7/1/08) |
03/05/2008 | G Acts of Assembly Chapter text (CHAP0121) |