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House of Representatives
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted:	December 8, 2020 12:38 PM
From:	Representative Karen Boback
To:	All House members
Subject:	Immunity Legislation

I plan to re-introduce legislation (HB 2907) providing certain liability protections to healthcare providers during a state of emergency.   The Commonwealth is in an unprecedented time where we need to come together and do what is right for the residents of our state especially essential employees who continue to keep us safe. I believe for this to happen we must take care of our health care workers who continue to be on the front lines and sacrificing themselves for the greater good. The only way to do this is to ease their liability protections.   My legislation is modeled off of Virginia’s Executive Order (EO-60), providing clarification of certain immunity from liability for healthcare providers in response to Novel Coronavirus (COVID-19.) This EO was signed on April 28, 2020 and remains in effect until June 10, 2020.   As you may know, Governor Wolf signed an executive order on May 6, 2020. This order, among other things, grants immunity to any individual who holds a license, certificate, registration or certification to practice a health care profession or occupation in Pennsylvania and who is engaged in providing COVID-19 medical and health treatment or services during the COVID-19 disaster emergency response. Immunity does not extend to acts or omissions that constitute a crime, gross negligence, or fraud, malice, or other willful misconduct.   My legislation would exempt any health care provider who delivers health care services to people who were injured in a disaster to be immune to civil liability for injury or wrongful death. This can only be true in cases where a state or local emergency has been declared and 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.   I intend to continue protecting health care workers, but in order to do this we must ensure that they are not afraid to treat their patients to the best of their ability.   I encourage you to join me in co-sponsoring this important piece of legislation. Previous cosponsors: BROOKS, BARRAR, HELM, MILLARD AND MENTZER

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