Hospital Liability Protection under the Alabama Emergency Management Act of 1955
The team at Inspirien in its efforts to keep you updated on the liability protections provided during the COVID-19 pandemic would like to summarize the proclamation issued by Governor Ivey on March 13, 2020.
The Alabama Emergency Management Act of 1955 can be reviewed in its entirety here: https://law.justia.com/codes/alabama/2016/title-31/chapter-9/article-1/
Act Highlights:
- The act’s primary purpose is to protect hospitals and their personnel because they have the potential to be overwhelmed with patients during a health crisis. Traditional, normal and customary protocols related to standards of care could be impacted because of the increased burden that could be placed on them.
- Because of this impact, hospitals should invoke their emergency operations plan that incorporates alternative standards of care practiced by the hospital during a crisis. These alternative standards of care are to be considered state approved.
- All healthcare workers during the time that this act remains in effect are considered Emergency Management Workers of the State of Alabama and because of this have state agent immunity. The spirit of this is broad protection, it would obviously not support malicious intent or gross misconduct.
- Hospitals, because their work is accomplished through its employees, are afforded the same protection.
Actions to take:
- Implement the facility’s emergency operations plan in writing.
If you should have any questions regarding this act or need any support during this time, please don’t hesitate to reach out to your assigned risk consultant or email riskmanagement@inspirien.net.
Please know that Inspirien is continuing to explore actions collaboratively with the Alabama Hospital Association and other healthcare associations, insurers, etc. This is to ensure that we are united in our efforts to make sure you, the ones bearing the brunt of this epidemic, are protected. Thank you for your dedication and service during this crisis.
*This is not legal advice but information summarized from the Alabama Emergency Management Act of 1955.