ST. LOUIS - Advocates are recognizing the need for legislation that would expand healthcare worker’s liability protection at local hospitals and medical centers amid the COVID-19 outbreak but government stay-at-home orders are infringing upon the time and ability of lawmakers to act.
Missouri Gov. Mike Parson released an executive order that became effective on April 6 and requires residents to stay home until April 24, according to media reports.
“For any bill to address civil liability immunity in response to COVID-19 to pass during regular session, the new language would need to be amended into a bill that was already filed,” said Richard AuBuchon, executive director of Missouri Civil Justice Reform Coalition Inc.
But the session ends in May and time remaining in April has been largely co-opted by the social distancing requirements of the coronavirus threat.
“No new bills can be filed at this time,” AuBuchon told the St. Louis Record. “But there are many bills that could accept such immunity amendments.”
One such bill that the Missouri legislature is mulling over would limit the liability of healthcare providers and medical facilities but, for now, lawmakers are concerned with other matters.
“Our week was somewhat limited,” said Sen. Ed Emery (R-Lamar). “We worked on the supplemental budget and on the state’s federal reimbursement allowance (FRA) program. There wasn’t an open discussion about other issues.”
As of April 9, there were 3,799 cases of COVID-19 and 96 deaths, according to the website of the Missouri Department of Health and Senior Services.
“The origin of the need for immunities is simple,” AuBuchon said. “Our health care system is stressed. Healthcare providers and healthcare systems are being forced to make decisions and provide care. Survivors of loved ones lost will no doubt search for and assert blame, and some will file suit against the very people who tried to save their loved ones.”
Another solution to the pressing issue of expanding liability protection for healthcare workers caught in COVID-19 crosshairs, according to AuBuchon, is if the governor called a special session.
“It could take place concurrent with regular session and be an option to address COVID-19 immunities which are urgent and profound,” he said.
At present, however, there is no legislation to address COVID-19 immunities and special session has not been called.
“If they come back, I can see them addressing the liability issue in the form of the Good Samaritan Law,” said Brent Butler, general counsel and government affairs director for the Missouri Insurance Coalition. “They want to expand it.”
According to the Missouri Department of Health & Senior Services' website description of the law, health care providers who render emergency care or assistance in good faith and without pay are pecluded from liability deriving from civil damages due to simple negligence, but not gross negligence. However, physicians, nurses and other healthcare workers who are paid are not covered by the Good Samaritan Law.
“It seems a logical extension to help the providers who are trying to help others,” Butler told the St. Louis Record. “It makes sense.”
A third way to implement liability protection amid the COVID-19 crisis would be through direct action from the governor.
“Many are working on the issue and if the Governor were to consider an Executive Order, many of us will stand ready to assist in the drafting,” said AuBuchon.