Below is a press release shared by State Senator Bruce Tarr (R-Gloucester):
BOSTON, MA — The Massachusetts House of Representatives and State Senate on Friday passed legislation to shield those providing critical health care services from legal liability for the duration of the COVID-19 emergency.
“The stress and strain imposed on health care professionals right now is unlike anything that they have endured; by taking legislative action we lessen some of that burden,” said Senate Minority Leader Bruce Tarr (R-Gloucester). “These healers are heroes and they deserve the legal protection to make good decisions based on their best medical judgement in this uncharted territory.”
“We owe a debt of gratitude to the brave men and women in health care who continue to treat patients amid this public health pandemic,” stated Senate President Karen E. Spilka (D-Ashland). “This urgently needed legislation will ensure that our healthcare system will be able to expand capacity quickly to treat patients during the surge of COVID-19 in Massachusetts. I would like to acknowledge Senators Michael Rodrigues, Cindy Friedman and James Welch, as well as Speaker DeLeo and our colleagues in the House for expeditiously advancing this critical bill.”
“Our action today will protect our health care workers and health care facilities during this time of crisis as they work to care for an unprecedented number of patients,” said House Speaker Robert A. DeLeo (D – Winthrop). “This legislation will give our health care providers a sense of relief as they heroically treat the residents of the Commonwealth. I appreciate the leadership of Senate President Spilka as well as the work of Chairs Michlewitz and Murphy to bring these issues forward.”
“This necessary legislation will provide much needed liability relief for our health care workers and facilities so they can continue to focus on combating the COVID-19 public health crisis,” said Representative Aaron Michlewitz, Co-Chair of the Joint Committee on Ways & Means (D-Boston).
Under the legislation, health care professionals, facilities and volunteer organizations assisting in the state’s efforts to respond and treat COVID-19 would be protected from suit and civil liability for alleged damages related to the virus. Health care facilities and professionals would still be subject to consumer complaints brought by the Attorney General and protections would not extend to acts of negligence, recklessness, or intent to harm or acts of discrimination. These protections would apply retroactively to March 10, 2020, and remain in effect for the duration of the State of Emergency.
The bill, which is the latest action by the Legislature to address the COVID-19 public health crisis and its effects on Massachusetts, has been signed by the Governor.
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