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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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Adds new subsection (b) to Section 127A-9 of Hawaii Revised Statutes granting health care providers immunity from civil or criminal liability during declared states of emergency or local states of emergency, except in cases of willful misconduct, gross negligence, or recklessness.
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Requires health care providers to act in good faith, adhere to crisis standards of care approved by the Department of Health, and be engaged in emergent care functions directly related to the declared emergency to qualify for immunity.
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Defines "health care provider" to include physicians, osteopathic physicians, surgeons, physician assistants, podiatrists, health care facilities, and their employees, excluding faith-based healing institutions.
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Defines "crisis standards of care" as substantial changes to usual health care operations made necessary by pervasive or catastrophic disasters such as pandemics, earthquakes, or hurricanes, with formal government declaration required.
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Effective date: July 1, 2050.
Legislative Description
Relating To Liability.
Health Care Provider
Last Action
Carried over to 2022 Regular Session.
12/10/2021