This information applies to the current Public Health Emergency situation ONLY.
The information provided herein is intended for general guidance only and does not include all laws or regulations pertaining to the Public Health Emergency associated with COVID-19. This information does not constitute legal advice or establish standard of care. Practices are encouraged to consult the OCR, CDC, CMS, commercial insurers, HHS, and State Health Departments with specific questions or official rulings.
On March 27, President Trump signed the CARES Act into law. One provision of this act is “Good Samaritan” liability protection for healthcare professionals who volunteer their time to care for patients during the COVID crisis. This protection includes immunity from lawsuits based on regular negligence (suits can still be filed in cases of gross negligence, willful or criminal misconduct, or reckless disregard). However, this protection does not extend to healthcare professionals being compensated for their work.
Congress is now drafting new legislation to address financial concerns, and among the elements being considered is extending Good Samaritan liability protections to all healthcare professionals, regardless of whether paid or volunteer. There is bipartisan support, including from Speaker McConnell, to include these protections in the new bill.
We need your help in reaching all members of Congress with the message of why this liability protection is important to physicians. Please take a few minutes to click on the link below, which will take you to a page where you simply enter your name and address and click Send. The pre-written message will be sent to your Representative and Senators. You may also personalize the message if you’d like. Thank you for your help!