More states enact liability shields for healthcare providers; national version hits snag
Several states have recently enacted liability protections for radiologists and other providers fighting on the front lines of the pandemic. Doc-interest groups continue to push for a national version of such safeguards, but it appears those efforts may have a few roadblocks.
Pennsylvania is one of the latest to join the movement, with Gov. Tom Wolf (D) signing an order Wednesday granting providers civil immunity for “good faith actions” taken during the pandemic. The Keystone State joins others such as North Carolina and New York that have already protected providers from lawsuits.
Lawmakers on Capitol Hill have already proposed a national liability shield, and Republican leaders in the say they will not OK another stimulus package that excludes this relief.
“As the nation continues fighting this pandemic and parts of our economy begin to emerge from shutdown, Senate and House Republicans are united in our demand that healthcare workers, small businesses and other Americans on the front lines of this fight must receive strong protections from frivolous lawsuits,” Senate Majority Leader Mitch McConnell, R-Ky., and House Minority Leader Kevin McCarthy, R-Calif., said in a joint statement issued last week.
Workers unions and democratic leaders, meanwhile, have pushed back against these provisions. "At the time of this coronavirus challenge, especially now, we have every reason to protect our workers and our patients in all of this. So we would not be inclined to be supporting any immunity from liability,” House Speaker Nancy Pelosi, D-Calif, said at a recent press briefing, according to published reports.
A poll from the American Association for Justice released Wednesday found that Americans from all political persuasions also oppose giving businesses blanket liability immunity.
The American College of Radiology issued a call to its state chapters last month, urging them to contact their governors to advocate for liability protections. ACR called concerns of getting taken to court during the pandemic a “significant obstacle” for radiologists considering the best way keep their practices functioning during the crisis.
Marty Stempniak has covered healthcare since 2012, with his byline appearing in the American Hospital Association's member magazine, Modern Healthcare and McKnight's. Prior to that, he wrote about village government and local business for his hometown newspaper in Oak Park, Illinois. He won a Peter Lisagor and Gold EXCEL awards in 2017 for his coverage of the opioid epidemic.