Signed by Governor: COVID-related liability protection to healthcare providers

Jul 03, 2020 at 11:41 am by WGNS

Tennessee Governor Bill Lee signed Executive Order No. 53, granting limited COVID-related liability protection to healthcare providers.

“Hospitals, nursing homes, and health care workers are on the front lines of fighting this pandemic, and this EO provides protection from liability with respect to COVID-impacted treatment and resource availability, except in cases of gross negligence or willful misconduct,” said Gov. Lee. “Because the law only allows us to take this action for healthcare providers, any other liability issues will need to be taken up by the General Assembly.”

Scope of Liability: 

Limited COVID-related liability protection for health care providers except in cases of gross negligence or willful misconduct. To facilitate provision of the additional medical resources required to combat COVID-19, in accordance with Tennessee Code Annotated, Section 58-2-107([), health care providers licensed, certified, or authorized under titles 33, 63 or 68, who render services within the limits of their license, certification, or authorization are granted limited liability protection and 2. 3. 4. accordingly shall not be liable for any illness, injury, death, or damages related to the contraction of, or suspected contraction of, COVID-19 alleged to have been caused by acts or omissions within the limits of the provider's license, certification, registration, or authorization, including but not limited to acts or omissions resulting from lack of resources attributable to or arising out of the provider's response to the COVID-19 pandemic 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. This protection does not include any act or omission caused by gross negligence or willful misconduct.

Window of Law: 

Term and effective date. This Order shall be effective and enforceable as of 12:01 a.m., Central Daylight Time, on July 2, 2020, and shall remain in effect until 11 :59 p.m., Central Daylight Time, on July 31, 2020, unless extended.

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