NC H798

Nongovernmental organizations contracting with the Department of Health and Human Services for health, human, and welfare services are liable only for their own negligence, not for negligence of the public agency or its employees.

Contract provisions that attempt to impose liability on nongovernmental organizations for damages caused by public agency negligence are void and unenforceable.

Nongovernmental independent contractors providing health, human, and welfare services are treated as functional equivalents of the public agency and subject to the same monetary liability limits as the state under G.S. 143-299.2.

The State shall indemnify nongovernmental independent contractors for damages exceeding the statutory monetary limits, with claims filed in court rather than before the Industrial Commission.

The act becomes effective October 1, 2023, and applies to claims arising from acts or omissions occurring on or after that date and contracts entered into or renewed on or after that date.