Liability Protections for Health Care Providers During An Emergency

VHCA (8/31/2007)

The first meeting of the Joint Subcommittee Studying Liability Protections for Health Care Providers during Emergencies was held this week.  The Study was called for by the 2007 General Assembly to address whether the state should offer liability protection to health care providers during times of a disaster or an epidemic.

The reasons behind the study are:

• Health care providers responding during a disaster or health epidemic may not have access to the same level of resources that are ordinarily available.
• Health care providers must make decisions during an emergency as to the level of care they can render based upon the resources that are available.
• Health care providers may need to render care during an emergency that is outside their scope of practice.

The Subcommittee was briefed on current liability protections currently in law, primarily “good samaritan” laws and also on state efforts to be ready for any natural disaster, terrorist strike or epidemic that might occur.  The Subcommittee may have as many as three additional meetings to hear testimony and gather information to determine whether to recommend legislation to grant some liability protection for providers who render care during such emergencies.

Members of the Subcommittee are Delegates Phillip Hamilton, John O’Bannon, Ben Cline, Bob Hull, Mark Sickles; Senators Steve Newman, Frank Ruff, Ken Cuccinelli; and citizen members Dr. P. M. Colopy, Dr. Mark Dietz, and Attorney Steve Gravely.  Attorney General Bob McDonnell and Secretary Marilyn Tavenner serve as ex officio members.

The Subcommittee must complete its meetings by November 30th.