Declaration of disaster; health care providers, immunity from civil liability. (HB5073)

Introduced By

Del. Chris Head (R-Roanoke)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Declaration of disaster; health care providers; immunity. Provides that, in cases in which a disaster caused by a communicable disease of public health threat has been declared and in the absence of gross negligence, a health care provider who withholds the provision of certain health care procedures in accordance with the provisions of an Order of Public Health Emergency shall be immune from civil liability for any injury or wrongful death arising from abandonment by such health care provider of any person to whom such health care provider owes a duty to provide health care when 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. The bill also clarifies when a health care provider who responds to such disaster will not be liable for any injury to or wrongful death of any person arising from the delivery or withholding of health care due to an emergency and subsequent conditions that caused a lack of resources 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. Read the Bill »


Bill Has Failed


08/18/2020Prefiled and ordered printed; offered 08/18/20 20200182D
08/18/2020Referred to Committee for Courts of Justice
08/27/2020Impact statement from DPB (HB5073)
11/09/2020Left in Courts of Justice