Billing Beat

During Pandemic, Limited Civil Immunity Given to Oklahoma Healthcare Providers, Facilities

May 13, 2020

April 21, 2020, Governor Stitt issued a third amendment to Executive Order 2020-13 (available here) ordering that for as long as the Legislature concurs with his declared health emergency in Oklahoma any health care provider or health care facility (or alternate care location designated by the state) shall be covered under the Limited Civil Immunity for Rendering Care, Aid, Shelter, or Assistance During a Natural Disaster or Catastrophe statute (76 Okla. Stat. §5.9).

This Limited Civil Immunity statute provides that an individual or business rendering emergency care, aid, shelter or other assistance during a natural disaster or catastrophic event shall not be liable for damages resulting from the rendering of emergency care, aid, shelter or assistance unless the damage was caused by the gross negligence or willful or wanton misconduct of the individual or entity rendering the emergency care, aid, shelter or assistance. The statute does not provide immunity from suit, only immunity from damages in a negligence action.

Source: https://www.jdsupra.com/legalnews/during-pandemic-limited-civil-immunity-57429

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