{"id":"DUT-VA-010","kind":"duty","level":"state","jurisdiction":"Virginia","state":"VA","metro":"","industry":"","agency":"","eco":"","issuer":"General Assembly of Virginia (2020 Special Session I); approved by Governor Ralph S. Northam","authority":"2020 Va. Acts Sp. Sess. I, ch. 6 (H.B. 5059) (approved Oct. 13, 2020)","instrument":"2020 Acts of Assembly, Special Session I, Chapter 6 (House Bill 5059), An Act to amend the Code of Virginia by adding a section numbered 8.01-225.03, relating to certain hospices, home care organizations, private providers, assisted living facilities, and adult day care centers; immunity from civil liability; COVID-19; emergency","title":"An Act to amend the Code of Virginia by adding a section numbered 8.01-225.03, relating to certain hospices, home care organizations, private providers, assisted living facilities, and adult day care centers; immunity from civil liability; COVID-19; emergency","dateIssued":"2020-10-13","effective":"2020-10-13 (emergency clause: \u0027in force from its passage\u0027)","end":"Standing enactment; the immunity window closed with the EO 51 emergency on June 30, 2021","startDate":"2020-10-13","endDate":"2021-06-30","quarters":["2020Q4","2021Q1","2021Q2"],"types":["COND","HC","OTHER"],"addressees":["specified businesses only: licensed hospices, home care organizations, DBHDS-licensed private providers, assisted living facilities, adult day care centers"],"clause":"In the absence of gross negligence or willful misconduct, any (i) hospice..., (ii) home care organization..., (iii) private provider..., (iv) assisted living facility..., or (v) adult day care center... shall not be liable... when the emergency and subsequent conditions caused by the emergency result in a lack of resources, attributable to the disaster","enforcement":"None; a conditioned immunity","functions":[],"notes":"The enacting act for section 8.01-225.03: the same five-class, resource-shortage-conditioned immunity, enacted as an emergency measure on October 13, 2020 and reaching back to March 12, 2020; it confirms that the General Assembly, legislating seven months into the pandemic with the orders before it, extended no immunity to businesses generally and conditioned the immunity it did grant on the emergency\u0027s own effects.","sourceUrl":"https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+CHAP0006","snapshot":"","fileExists":true,"fileBytes":101291,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-VA","url":"/library/DUT-VA-010","exhibitUrl":"/exhibit/DUT-VA-010","citation":"General Assembly of Virginia (2020 Special Session I); approved by Governor Ralph S. Northam, 2020 Acts of Assembly, Special Session I, Chapter 6 (House Bill 5059), An Act to amend the Code of Virginia by adding a section numbered 8.01-225.03, relating to certain hospices, home care organizations, private providers, assisted living facilities, and adult day care centers; immunity from civil liability; COVID-19; emergency (standing) (Ex. DUT-VA-010)","stateName":"Virginia","related":[]}