The COVID Project
The record
- Jurisdiction
- Virginia
- Level
- State
- Authority
- 2020 Va. Acts Sp. Sess. I, ch. 6 (H.B. 5059) (approved Oct. 13, 2020)
- Issued
- 2020-10-13 Oct. 13, 2020
- Effective
- 2020-10-13 (emergency clause: 'in force from its passage') (read as 2020-10-13)
- End
- Standing enactment; the immunity window closed with the EO 51 emergency on June 30, 2021 (read as 2021-06-30)
- In force
- Standing since Oct. 13, 2020 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q42021 Q12021 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Health care ordersOperating conditionOther
- Addressees
- specified businesses only: licensed hospices, home care organizations, DBHDS-licensed private providers, assisted living facilities, adult day care centers
- Character
- liability shield condition
- Collection
- Standing duties: Virginia DUT-VA
Operative words
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
Penalty
None; a conditioned immunity
What it required
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's own effects.
Retrieval noteChapter 7 of the same session is the companion enactment recorded in the section's history line ('2020, Sp. Sess. I, cc. 6, 7'); its text was not separately saved. The file-name date 2020-11-09 is the date the Special Session I chapters were assigned in the LIS listing; the act's approval date is October 13, 2020, and the effective date is the same day under the emergency clause.