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Ex. DUT-MA-017 Standing duty Primary source read

Chapter 64 of the Acts of 2020

An Act to Provide Liability Protections for Health Care Workers and Facilities During the COVID-19 Pandemic

General Court; approved by Governor Charles D. Baker (emergency law) · Massachusetts (State)

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The COVID Project

The record

Jurisdiction
Massachusetts
Level
State
Authority
Mass. Const. amend. art. 48 (emergency law); St. 2020, c. 64
Issued
2020-04-17 Apr. 17, 2020
Effective
2020-04-17 (emergency law), applying to health care services provided during the COVID-19 emergency (declared Mar. 10, 2020) (read as 2020-04-17)
End
Immunity tied to 'the period of the COVID-19 emergency,' which terminated 12:01 a.m. June 15, 2021 (Ex. MA-048) (read as 2021-06-15)
In force
Apr. 17, 2020 to June 15, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Health care ordersStanding dutyOperating condition
Addressees
  • health care facilities and professionals; volunteer organizations (s. 3); no other business
Character
liability shield condition
Collection
Standing duties: Massachusetts DUT-MA

Operative words

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

Penalty

Loss of immunity: ordinary tort liability for services not provided under and in accordance with the emergency rules and applicable law

What it required

Immunity for health care facilities and professionals (and, under s. 3, volunteer organizations making facilities available) only where the services were 'pursuant to a COVID-19 emergency rule and in accordance with otherwise applicable law,' 'in response to treatment conditions resulting from the COVID-19 outbreak or COVID-19 emergency rules,' and 'in good faith'; the immunity 'shall not apply' to 'gross negligence, recklessness or conduct with an intent to harm or to discriminate.' 'COVID-19 emergency rule' 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.

Retrieval note

Massachusetts enacted no general COVID-19 liability shield for businesses (negative finding from this phase's research; counsel to confirm against the 2020-2021 session laws). The consequence for every non-health-care employer is that the common-law duty of reasonable care remained the rule of decision, and the Commonwealth's mandatory standards were the published measure of that care.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.