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Massachusetts

These resources – like the public health crisis itself – are constantly evolving and are only current as to the date of publication. This page was last updated on September 14, 2020.

For more up-to-date information on the relief programs available in Massachusetts, we recommend that you visit the state's COVID-19 Updates and Information website, COVID-19 State of Emergency resources or MassTrac's list of bills related to the COVID-19 pandemic

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Description of Program and Relief

State Civil Immunity for Health Care Workers, Health Care Facilities, and Volunteer Organizations Providing Facilities for the State’s COVID-19 Response

The State passed legislation to provide health care professionals, health care facilities, and certain volunteer organizations immunity from suit and civil liability for damages related to the State’s response to the COVID-19 pandemic. The legislation includes the following provisions:

  • Health care professionals and facilities are immune from suit and civil liability for any damages alleged to have been sustained by their act or omission while providing health care services during the period of the Governor’s declared State of Emergency; provided, however, that they were (i) arranging for or providing health care services in good faith, pursuant to a state COVID-19 emergency rules, and in accordance with otherwise applicable law; and (ii) the care was impacted by the health care professional’s or health care facility’s decisions or activities in response to treatment conditions resulting from the COVID-19 pandemic or state COVID-19 emergency rules.

    • This immunity for health care professionals and facilities does not apply: (i) if the damage was due to gross negligence, recklessness, or conduct with an intent to harm or to discriminate based on race, ethnicity, national origin, religion, disability, sexual orientation, or gender identity; (ii) to consumer protection actions brought by the State Attorney General; or (iii) to false claims actions brought by or on behalf of the State.

    • An organization or company that makes its facility available to support the State’s response and activities under the Governor’s declared State of Emergency (“volunteer organization”) is immune from suit and civil liability for any damages occurring in or at the volunteer organization’s facility if the damage arises from use of the facility for the State’s response.

    • This immunity for volunteer organizations does not apply if the damage were caused by the volunteer organization’s gross negligence, recklessness, or conduct with an intent to harm.

    Government or Lead Agency

    Legislation

    Dates Available

    These immunity provisions apply to claims based on acts or omissions that occur during the Governor’s declared State of Emergency.

    Eligibility Requirements/Restrictions

    None in addition to the above.

    Application Deadlines (If Applicable)

    Not applicable

    Contact for More Information

    Not applicable

    List of Additional Information

    For additional details, a link to the text of the legislation (S.2640) may be found here.


© 2021 Paul, Weiss, Rifkind, Wharton & Garrison LLP. This does not constitute legal advice and does not create an attorney-client relationship. In some jurisdictions, this publication may be considered attorney advertising. Past representations are no guarantee of future outcomes.

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