Illinois issued an executive order to protect healthcare workers against liability for negligent treatment of COVID-19 patients.
Illinois Executive Order 17
Under Illinois COVID-19 Executive Order 17, Illinois extends immunity to health care facilities, health care professionals, and health care volunteers from civil liability for any injury or death caused by any act or omission occurring at a time when such facility, professional or volunteer was engaged in the course of rendering assistance to Illinois in response to the COVID-19 pandemic, unless it is established that such injury or death was caused by gross negligence or willful misconduct. This immunity extends from April 1, 2020 through April 30, 2020.
Protected Health Care Facilities
Protected “Health Care Facilities” under Order 17 include the following:
- Facilities licensed, certified, or approved by any State agency and covered by the following: 77 Ill. Admin. Section 1130.215(a)-(f); University of Illinois Hospital Act, 110 ILCS 330; Alternative Health Care Delivery Act, 210 ILCS 3/35(2)-(4); Emergency Medical Services (EMS) Systems Act, 210 ILCS 50; or Department of Veterans’ Affairs Act, 20 ILCS 2805;
- State-operated Developmental Centers certified by the federal Centers for Medicare and Medicaid Services and licensed State-operated Mental Health Centers created pursuant to the Mental Health and Developmental Disabilities Administrative Act, 20 ILCS 1705/4;
- Licensed community-integrated living arrangements as defined by the Community-Integrated Living Arrangements Licensing and Certification Act, 210 ILCS 135/2;
- Licensed Community Mental Health Centers as defined in the Community Services Act, 405 ILCS 30;
- Federally qualified health centers under the Social Security Act, 42 U.S.C. § 1396d(l)(2)(B); and
- Any government-operated site providing health care services established for the purpose of responding to the COVID-19 outbreak.
Protected Health Care Professionals
Protected “Health Care Professionals” under Illinois Order 17 means all licensed or certified health care or emergency medical services workers who
- are providing health care services at a Health Care Facility in response to the COVID-19 outbreak and are authorized to do so; or
- are working under the direction of the Illinois Emergency Management Agency (IEMA) or DPH in response to the Gubernatorial Disaster Proclamations.
Health Care Volunteer means all volunteers or medical or nursing students who do not have licensure who:
- are providing services, assistance, or support at a Health Care Facility in response to the COVID-19 outbreak and are authorized to do so; or
- are working under the direction of IEMA or DPH in response to the Gubernatorial Disaster Proclamations.
Effective Dates for Illinois COVID-19 Executive Order 17
Executive Order is in effect from April 1, 2020 through April 30, 2020, although it is anticipated that if the COVID 19 crisis continues into the summer that this Order will be further extended.
Limitations on Illinois COVID-19 Executive Order 17
The immunity does not extend to injury or death caused by gross negligence or willful misconduct.
The immunity does not extend to medical personal or facilities engaged in non-COVID 19 authorized health care.
MCKENNA STORER IS COMPLYING WITH ILLINOIS’ SHELTER IN PLACE ORDER.
While Illinois has a “Shelter in Place” order that provides an exception for legal professionals, such as attorneys, to go into their office, McKenna attorneys, paralegals and staff are able to work remotely while still providing full service to its clients. In the interest of protecting other employees and Illinois citizens as a whole, we are Sheltering in Place when possible but are still able to handle all legal matter.
If you have any questions regarding Illinois law and the COVID 19 pandemic, contact Kristin Tauras at McKenna Storer ktauras@mckenna-law.com