Bill Text: HI HB540 | 2021 | Regular Session | Amended

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Bill Title: Relating To Liability.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-02-19 - 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). [HB540 Detail]

Download: Hawaii-2021-HB540-Amended.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	540
THIRTY-FIRST LEGISLATURE, 2021		H.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO LIABILITY.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 127A-9, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§127A-9[]]  Immunities; rights.  (a)  None of the following:

     (1)  The State;

     (2)  Any county;

     (3)  Any owner or operator of a public utility or critical infrastructure facility;

     (4)  Private-sector or nonprofit organizations; or

     (5)  Except in cases of wilful misconduct, gross negligence, or recklessness, persons engaged in emergency management functions pursuant to this chapter, including volunteers whose services are accepted by any authorized person,

shall be civilly liable for the death of or injury to persons, or property damage, as a result of any act or omission in the course of the employment or duties under this chapter.

     (b)  Except in cases of willful misconduct, gross negligence, or recklessness, a health care provider shall be immune from civil or criminal liability if the health care provider:

     (1)  Acts in good faith during a proclamation of a state of emergency or local state of emergency, as declared by the governor or mayor, respectively;

     (2)  Adheres to crisis standards of care, as reviewed and approved by the department of health and adopted by the agency; and

     (3)  The health care provider is engaged in emergent care functions directly related to the declared state of emergency or local state of emergency.

     For the purposes of this subsection:

     "Crisis standards of care" means a substantial change in usual health care operations and the level of care it is possible to deliver, which is made necessary by a pervasive or catastrophic disaster, such as a pandemic influenza, earthquake, or hurricane.

     "Health care provider" means a physician, osteopathic physician, surgeon, or physician assistant licensed under chapter 453; a podiatrist licensed under chapter 463E; or a health care facility, as defined in section 323D-2; and the employees thereof.  "Health care provider" does not include any nursing institution or nursing service conducted by and for those who rely upon treatment by spiritual means through prayer alone, or the employees of the institution or service.

     "Substantial change in usual health care operations" means a change in the level of care delivered that is justified by specific circumstances via a formal declaration by a state or county government that:

     (1)  Recognizes that crisis operations will be in effect for a sustained period; and

     (2)  Enables specific powers and protections for health care providers in the necessary tasks of allocating and using scarce medical resources and implementing alternate care facility operations.

     [(b)] (c)  No act or omission shall be imputed to the owner of any vehicle by reason of the owner's ownership thereof; provided that nothing herein shall preclude recovery by any person for injury or damage sustained from the operation of any vehicle which may be insured under section 41D-8 to the extent of the insurance, and, unless specifically provided, insurance effected under section 41D-8 shall not include coverage of such risk during an emergency period.  The governor may insure vehicles owned by the State or in the custody and use of the Hawaii emergency management agency; provided that insurance effected under section 41D-8 on vehicles used for purposes other than emergency management shall not be required to include coverage of the insured vehicle against the risk incurred or which would be incurred under this chapter as a result of the use of the insured vehicle for emergency management.

     [(c)] (d)  Members of the United States Army, Air Force, Navy, Marine Corps, or Coast Guard on any duty or service performed under or in pursuance of an order or call of the President of the United States or any proper authority, and the National Guard from any other state ordered into service by any proper authority, to assist civil authorities engaged in emergency functions pursuant to this chapter shall not be liable, civilly or criminally, for any act done or caused by them in pursuance of duty in such service."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2050.

 

 

Report Title:

Immunity from Liability; Health Care Provider; State of Emergency; Local State of Emergency; Crisis Standards of Care

 

Description:

Makes immune from civil or criminal liability a health care provider who acts in good faith during a state of emergency or local state of emergency and adheres to crisis standards of care.  Effective 7/1/2050.  (HD2)

 

 

 

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