Exec Order Extends Hospital Liability Protection

May 14, 2020

On Tuesday, Governor J.B. Pritzker issued a new Executive Order (No. 37/COVID-19 No. 35) that extends liability protection for hospitals and healthcare professionals concerning services they provide related to COVID-19, as hospitals resume elective surgeries and procedures.  The protection does not apply to elective surgeries and procedures.

The order “directs that hospitals conducting elective surgeries or procedures on or after May 11, 2020 or health care professionals providing services in such a hospital shall be immune from civil liability for any injury or death relating to the diagnosis, transmission, or treatment of COVID-19 alleged to have been caused by any act or omission by the hospital or health care professional, which injury or death occurred at a time when a hospital or health care professional was rendering assistance to the state in response to the COVID-19 outbreak by providing health care services consistent with current guidance issued by the Illinois Department of Public Health, subject to specified exceptions.”       

With the General Assembly returning to Springfield next week, IHA is asking state lawmakers to codify the Governor’s executive orders related to liability protection to ensure that they can withstand potential legal challenges.