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HI HB540

Bill

Status

Introduced

1/25/2021

Primary Sponsor

Ryan Yamane

Click for details

Origin

House of Representatives

2021 Regular Session

AI Summary

  • 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.

  • 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.

  • Defines "health care provider" as physicians, osteopathic physicians, surgeons, physician assistants, podiatrists, health care facilities, and their employees, excluding religious healing institutions.

  • 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.

  • 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

Committee Referrals

Finance2/19/2021
Judiciary & Hawaiian Affairs2/12/2021
Pandemic & Disaster Preparedness1/27/2021

Full Bill Text

No bill text available