Indiana law already provides civil immunity protections for licensed health care workers and facilities providing health care in response to a “disaster” event, such as the current public health emergency. The immunity applies as long as the conduct does not constitute gross negligence or willful misconduct. This protection closely mirrors action that has been taken by governors across the country in response to liability concerns from health care providers in relation to COVID-19.
However, due to the recent expansion of who may provide health care services in the state during the public health emergency (see Gov. Holcomb’s Executive Order 20-13
) – as well as the challenges health care workers are facing that are unique to the COVID-19 outbreak – ISMA thinks that protection should go further than what is now in place.
As a result, ISMA is advocating for broader immunity to ensure health care workers, including medical students who assist with the COVID-19 response, are protected for the difficult clinical decisions they are being forced to make in these extraordinary circumstances. ISMA will continue to push for expanded immunity and keep you informed of any changes that occur.
Review the current Indiana immunity statute >>