On February 8, 2021, Governor Ned Lamont issued Executive Order 10A, which terminates immunity from civil liability for health care facilities that had been previously granted as a result of the COVID-19 public health emergency pursuant to Executive Order 7V.
In April 2020, in response to the shortage of PPE and the COVID-19 public health emergency, Governor Lamont issued Executive Order 7V, granting health care providers and health care facilities civil liability immunity for acts or omissions undertaken in good faith in response to the COVID-19 public health emergency. Specifically, Executive Order 7V provides, in relevant part, as follows: "any health care professional or health care facility shall be immune from suit for civil liability for any injury or death alleged to have been sustained because of the individual's or health care facility's acts or omissions undertaken in good faith while providing health care services in support of the State's COVID-19 response, including but not limited to acts or omissions undertaken because of a lack of resources, attributable to the COVID-19 pandemic, that renders the health care professional or health care facility unable to provide the level or manner of care that otherwise would have been required in the absence of the COVID-19 pandemic and which resulted in the damages at issue . . . ." Notably, such immunity does not cover criminal, fraudulent, or malicious acts or omissions, or any other such act or omission that constitutes gross negligence, willful misconduct, or would otherwise constitute a false claim.
Specifically, as a result of newly issued Executive Order 10A, effective March 1, 2021, health care facilities, including hospitals, clinics, and nursing homes, are no longer immune from civil suits resulting from good faith acts or omissions taken in response to the COVID-19 public health emergency.
If you have any questions regarding Governor Lamont's latest executive order, please do not hesitate to contact any member of the Health Law Practice Group at Shipman.
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