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Illinois Governor Grants Certain Health Care Providers Civil Immunity in Latest Executive Order

04/03/2020

On April 1, 2020, Illinois Governor, JB Pritzker, issued Executive Order (2020-19) in response to the COVID-19 outbreak. According to the Order, certain health care providers are deemed to be immune from civil liability for any injury or death alleged to have been caused by any act or omission that occurs while engaged in the course of rendering health care services in response to the COVID-19 pandemic, unless it is established that the injury or death was caused by gross negligence or willful misconduct. This Executive Order is authorized by the Illinois Emergency Management Agency Act and will remain in effect for the duration of the Gubernatorial Disaster Proclamation, which currently extends through April 30, 2020.

The Executive Order defines Health Care Facilities, Health Care Professionals, and Heath Care Volunteers. Nursing homes, emergency medical services, mental health centers, and any government-operated health care site are all covered Health Care Facilities. Health Care Professionals include all licensed or certified health care or emergency medical services workers who are providing authorized services at a Health Care Facility or working under the direction of Illinois Emergency Management Agency (IEMA) or the Illinois Department of Public Health (IDPH) in response to the Gubernatorial Disaster Proclamation. Health Care Volunteers consist of all volunteers or medical or nursing students who are similarly providing authorized services or working under the direction of IEMA or IDPH.

Pursuant to the Executive Order, rendering assistance in support of the State’s response to the disaster further requires Health Care Facilities to cancel or postpone elective surgeries and procedures.

The purpose of the Executive Order is to encourage health care providers to provide medical care and treatment to those afflicted with COVID-19 without fear of future liability.

For questions relating to Executive Order 2020-19 or its interpretation, please contact any of the following Heyl Royster attorneys: