{"id":"DUT-MA-017","kind":"duty","level":"state","jurisdiction":"Massachusetts","state":"MA","metro":"","industry":"","agency":"","eco":"","issuer":"General Court; approved by Governor Charles D. Baker (emergency law)","authority":"Mass. Const. amend. art. 48 (emergency law); St. 2020, c. 64","instrument":"Chapter 64 of the Acts of 2020","title":"An Act to Provide Liability Protections for Health Care Workers and Facilities During the COVID-19 Pandemic","dateIssued":"2020-04-17","effective":"2020-04-17 (emergency law), applying to health care services provided during the COVID-19 emergency (declared Mar. 10, 2020)","end":"Immunity tied to \u0027the period of the COVID-19 emergency,\u0027 which terminated 12:01 a.m. June 15, 2021 (Ex. MA-048)","startDate":"2020-04-17","endDate":"2021-06-15","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2"],"types":["DUTY","COND","HC"],"addressees":["health care facilities and professionals; volunteer organizations (s. 3); no other business"],"clause":"health care professionals and health care facilities shall be immune from suit and civil liability... during the period of the COVID-19 emergency; provided, however, that: (i) the health care facility or health care professional is arranging for or providing health care services pursuant to a COVID-19 emergency rule and in accordance with otherwise applicable law","enforcement":"Loss of immunity: ordinary tort liability for services not provided under and in accordance with the emergency rules and applicable law","functions":[],"notes":"Immunity for health care facilities and professionals (and, under s. 3, volunteer organizations making facilities available) only where the services were \u0027pursuant to a COVID-19 emergency rule and in accordance with otherwise applicable law,\u0027 \u0027in response to treatment conditions resulting from the COVID-19 outbreak or COVID-19 emergency rules,\u0027 and \u0027in good faith\u0027; the immunity \u0027shall not apply\u0027 to \u0027gross negligence, recklessness or conduct with an intent to harm or to discriminate.\u0027 \u0027COVID-19 emergency rule\u0027 is defined as any executive order, order of the Commissioner of Public Health, declaration, directive or other State or federal authorization, policy, statement, guidance, rule-making or regulation modifying the standard of care.","sourceUrl":"https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter64","snapshot":"","fileExists":true,"fileBytes":120256,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-MA","url":"/library/DUT-MA-017","exhibitUrl":"/exhibit/DUT-MA-017","citation":"General Court; approved by Governor Charles D. Baker (emergency law), Chapter 64 of the Acts of 2020 (Apr. 17, 2020) (Ex. DUT-MA-017)","stateName":"Massachusetts","related":["MA-048"]}