O'Brien and Ryan, LLP - Attorneys at Law
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New Jersey Grants Immunity to Providers Treating COVID-19 Patients

On April 13, 2020, The New Jersey legislature passed Senate Bill 2333 providing civil and criminal immunity to healthcare providers who are treating patients for COVID-19. This bill was signed into law by Governor Phil Murphy on April 14, 2020, and provides immunity only for treatment of COVID-19. The immunity does not extend to treatment unrelated to the COVID-19 pandemic. The bill broadly defines healthcare providers as any registered or licensed provider such as physicians, physician assistants, advanced practice nurses, registered nurses, licensed practical nurses, and emergency responders. It also extends immunity to any healthcare facility, such as hospitals. The bill states that "a healthcare professional shall not be liable for civil damages for injury or death alleged to have been sustained as a result of an act or omission by the health care professional in the course of providing medical services in support of the State's response to the outbreak of coronavirus." The bill further delineates that "[i]mmunity shall also include any act or omission undertaken in good faith by a health care professional or healthcare facility or a health care system to support efforts of treating COVID-19 patients and prevent the spread of COVID-19 during the public health emergency and state of emergency declared by the Governor." The bill retroactively dates to March 9, 2020, to provide immunity for any treatment rendered in this effort and extends until the declaration of emergency for the state of New Jersey has been lifted.

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