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HI HB540
Bill
Status
1/25/2021
Primary Sponsor
Ryan Yamane
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AI Summary
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Amends Hawaii Revised Statutes Section 127A-9 to add new subsection (b) granting health care providers immunity from civil and criminal liability during declared states of emergency, except for cases of willful misconduct, gross negligence, or recklessness.
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Health care providers qualify for immunity when they act in good faith during a governor-declared state of emergency or mayor-declared local state of emergency, adhere to crisis standards of care approved by the Department of Health, and provide emergent care directly related to the declared emergency.
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Defines "health care provider" as physicians, osteopathic physicians, surgeons, physician assistants, podiatrists, health care facilities, and their employees, excluding religious healing institutions.
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Defines "crisis standards of care" as substantial changes in usual health care operations made necessary by pervasive or catastrophic disasters such as pandemics, earthquakes, or hurricanes, requiring formal government declaration.
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Effective July 1, 2050.
Legislative Description
Relating To Liability.
Health Care Provider
Last Action
Report adopted. referred to the committee(s) on FIN as amended in HD 2 with Representative(s) LoPresti, McKelvey, Okimoto, Ward voting aye with reservations; none voting no (0) and Representative(s) Har, Kong, Matayoshi excused (3).
2/19/2021