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HOUSE DOCKET, NO. 1244        FILED ON: 1/16/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1485


The Commonwealth of Massachusetts



Elizabeth A. Malia


To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to emergency and disaster planning for health care providers.






Elizabeth A. Malia

11th Suffolk

William Smitty Pignatelli

4th Berkshire

Bradford Hill

4th Essex

Michael Barrett

Third Middlesex

Matthew A. Beaton

11th Worcester

Danielle W. Gregoire

4th Middlesex

Cory Atkins

14th Middlesex

James B. Eldridge

Middlesex and Worcester

Kate Hogan

3rd Middlesex

Brian M. Ashe

2nd Hampden

Marjorie C. Decker

25th Middlesex

Carolyn C. Dykema

8th Middlesex

HOUSE DOCKET, NO. 1244        FILED ON: 1/16/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1485

By Ms. Malia of Boston, a petition (accompanied by bill, House, No. 1485) of Elizabeth A. Malia and others for legislation to exempt health care providers from liability when rendering certain emergency care.  The Judiciary. 


The Commonwealth of Massachusetts



In the Year Two Thousand Thirteen



An Act relative to emergency and disaster planning for health care providers.


              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

              SECTION 1. Chapter 111 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 224 the following section:

              Section 225. Notwithstanding the provisions of any general or special law or any rule or regulation to the contrary, no health care provider, as defined in section 1 of this chapter or a health care provider licensed under chapter 112, shall be liable in a suit for damages or administrative sanctions as a result of good-faith acts or omissions while engaged in the performance of their duties in rendering emergency care; or providing treatment, advice, or assistance during a Governor declared statewide or regional pandemic or disaster; the activation of a hospital code help plan, so called; or due to a determination by the Department that there exists a critical shortage of available supplies to treat patients.  This section does not apply in the case of willful, wanton, or reckless actions unrelated to the performance of their duties.

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