{"id":"DUT-VA-011","kind":"duty","level":"state","jurisdiction":"Virginia","state":"VA","metro":"","industry":"","agency":"","eco":"","issuer":"Governor Ralph S. Northam","authority":"Va. Exec. Order No. 60 (Apr. 28, 2020)","instrument":"Executive Order Number Sixty (2020), Clarification of Certain Immunity From Liability for Healthcare Providers in Response to Novel Coronavirus (COVID-19)","title":"Clarification of Certain Immunity From Liability for Healthcare Providers in Response to Novel Coronavirus (COVID-19)","dateIssued":"2020-04-28","effective":"2020-04-28","end":"\u0027effective until the expiration of Executive Order 51 unless sooner amended or rescinded\u0027 (EO 51 lapsed June 30, 2021).","startDate":"2020-04-28","endDate":"2021-06-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2"],"types":["COND","HC"],"addressees":["specified businesses: health care providers (hospitals, surgical centers, endoscopy centers, physicians\u0027 and dental offices, and other providers responding to the disaster)"],"clause":"\u0027Responds to a disaster\u0027 includes but is not limited to, pursuant to Order of Public Health Emergency Two as amended, temporary withholding of the provision of procedures, consultations or surgeries... that require PPE, the delay of which was not anticipated to cause harm to the patient","enforcement":"None; a conditioned immunity tied to compliance with the Commissioner\u0027s order and to disaster-caused resource shortages","functions":[],"notes":"Declared COVID-19 a \u0027communicable disease of public health threat\u0027 and a \u0027disaster\u0027 under section 44-146.16, and read the standing health-care-provider immunities of sections 8.01-225.01 and 8.01-225.02 (which run only \u0027in the absence of gross negligence or willful misconduct\u0027 and only where \u0027the emergency and subsequent conditions caused a lack of resources, attributable to the disaster\u0027) to cover providers who complied with Order of Public Health Emergency Two by withholding elective procedures, and to treat PPE, ventilator, drug and staffing shortages and crisis-standards triage as the qualifying \u0027lack of resources.\u0027","sourceUrl":"https://www.governor.virginia.gov/media/governorvirginiagov/executive-actions/EO-60-Clarification-of-Certain-Immunity-From-Liability-For-Healthcare-Providers-in-Response-to-Novel-Coronavirus-(COVID-19).pdf","snapshot":"https://web.archive.org/web/20200429022640/https://www.governor.virginia.gov/media/governorvirginiagov/executive-actions/EO-60-Clarification-of-Certain-Immunity-From-Liability-For-Healthcare-Providers-in-Response-to-Novel-Coronavirus-(COVID-19).pdf","fileExists":true,"fileBytes":262638,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-VA","url":"/library/DUT-VA-011","exhibitUrl":"/exhibit/DUT-VA-011","citation":"Governor Ralph S. Northam, Executive Order Number Sixty (2020), Clarification of Certain Immunity From Liability for Healthcare Providers in Response to Novel Coronavirus (COVID-19) (Apr. 28, 2020) (Ex. DUT-VA-011)","stateName":"Virginia","related":["VA-005"]}