{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-225.03.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-225.03.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-225.03.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-225.03.html"}],"law_id":74491,"edition_id":1,"section_id":74491,"structure_id":13673,"section_number":"8.01-225.03","catch_line":"Certain immunity for certain hospices, home care organizations, private providers, assisted living facilities, and adult day centers during a disaster under specific circumstances","history":"2020, Sp. Sess. I, cc. 6, 7; 2024, cc. 37, 150.","full_text":"A\n\nAs used in this section:\n\t\t\t“Disaster” or “emergency” means a public health emergency related to the COVID-19 virus declared by the Governor pursuant to § 44-146.17 and set forth in Executive Order 51 (2020) on March 12, 2020.B\n\nIn the absence of gross negligence or willful misconduct, any (i) hospice licensed pursuant to § 32.1-162.3, (ii) home care organization licensed pursuant to § 32.1-162.9, (iii) private provider licensed by the Department of Behavioral Health and Developmental Services pursuant to Article 2 (§ 37.2-403 et seq.) of Chapter 4 of Title 37.2, (iv) assisted living facility licensed pursuant to § 63.2-1701, or (v) adult day center licensed pursuant to § 63.2-1701 that delivers care to or withholds care from a patient, resident, or person receiving services who is diagnosed as being or is believed to be infected with the COVID-19 virus shall not be liable for any injury or wrongful death of such patient, resident, or person receiving services arising from the delivery or withholding of care when the emergency and subsequent conditions caused by the emergency result in a lack of resources, attributable to the disaster, that render such hospice, home care organization, private provider licensed by the Department of Behavioral Health and Developmental Services, assisted living facility, or adult day center unable to provide the level or manner of care that otherwise would have been required in the absence of the emergency and that resulted in the injury or wrongful death at issue.C\n\nThe immunity provided by this section shall be in addition to, and not be in lieu of, any immunities provided in other state or federal law, including §§ 8.01-225 and 44-146.23.D\n\nThe immunity provided by this section shall only apply to causes of action arising between March 12, 2020, and such time as the declaration of a state of emergency related to the COVID-19 virus set forth in Executive Order 51 (2020) is no longer in effect.","order_by":null,"text":{"0":{"id":267701,"text":"As used in this section:\n\t\t\t“Disaster” or “emergency” means a public health emergency related to the COVID-19 virus declared by the Governor pursuant to § 44-146.17 and set forth in Executive Order 51 (2020) on March 12, 2020.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":267702,"text":"In the absence of gross negligence or willful misconduct, any (i) hospice licensed pursuant to § 32.1-162.3, (ii) home care organization licensed pursuant to § 32.1-162.9, (iii) private provider licensed by the Department of Behavioral Health and Developmental Services pursuant to Article 2 (§ 37.2-403 et seq.) of Chapter 4 of Title 37.2, (iv) assisted living facility licensed pursuant to § 63.2-1701, or (v) adult day center licensed pursuant to § 63.2-1701 that delivers care to or withholds care from a patient, resident, or person receiving services who is diagnosed as being or is believed to be infected with the COVID-19 virus shall not be liable for any injury or wrongful death of such patient, resident, or person receiving services arising from the delivery or withholding of care when the emergency and subsequent conditions caused by the emergency result in a lack of resources, attributable to the disaster, that render such hospice, home care organization, private provider licensed by the Department of Behavioral Health and Developmental Services, assisted living facility, or adult day center unable to provide the level or manner of care that otherwise would have been required in the absence of the emergency and that resulted in the injury or wrongful death at issue.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":267703,"text":"The immunity provided by this section shall be in addition to, and not be in lieu of, any immunities provided in other state or federal law, including §§ 8.01-225 and 44-146.23.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":267704,"text":"The immunity provided by this section shall only apply to causes of action arising between March 12, 2020, and such time as the declaration of a state of emergency related to the COVID-19 virus set forth in Executive Order 51 (2020) is no longer in effect.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13673,"edition_id":1,"name":"Miscellaneous Provisions","identifier":"21","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:45:31","date_modified":"2026-06-26 03:45:31","permalink":{"id":280429,"object_type":"structure","relational_id":13673,"identifier":"21","token":"8.01\/3\/21","url":"\/8.01\/3\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":85637,"structure_id":13673,"section_number":"8.01-218","catch_line":"Replevin abolished","url":"\/8.01-218\/","token":"8.01\/3\/21\/8.01-218","metadata":false},{"id":63478,"structure_id":13673,"section_number":"8.01-219","catch_line":"Effect of judgment in trover","url":"\/8.01-219\/","token":"8.01\/3\/21\/8.01-219","metadata":false},{"id":69240,"structure_id":13673,"section_number":"8.01-219.1","catch_line":"Responsibility of possessor of real property for harm to trespasser","url":"\/8.01-219.1\/","token":"8.01\/3\/21\/8.01-219.1","metadata":false},{"id":59967,"structure_id":13673,"section_number":"8.01-220","catch_line":"Action for alienation of affection, breach of promise, criminal conversation and seduction 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physicians","url":"\/8.01-225.1\/","token":"8.01\/3\/21\/8.01-225.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-225.03\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2024, chapters 37<\/a> and 150<\/a>.<\/p>","references":false,"refers_to":[{"id":62741,"section_number":"32.1-162.3","catch_line":"License required for hospice programs; notice of denial of license; renewal thereof","order_by":null,"url":"\/32.1-162.3\/"},{"id":57219,"section_number":"32.1-162.9","catch_line":"Licenses required; renewal thereof","order_by":null,"url":"\/32.1-162.9\/"},{"id":60864,"section_number":"37.2-403","catch_line":"Definitions","order_by":null,"url":"\/37.2-403\/"},{"id":78828,"section_number":"44-146.17","catch_line":"Powers and duties of Governor","order_by":null,"url":"\/44-146.17\/"},{"id":65549,"section_number":"63.2-1701","catch_line":"Licenses required; issuance, expiration, and renewal; maximum number of residents, participants or children; posting of licenses","order_by":null,"url":"\/63.2-1701\/"},{"id":72312,"section_number":"8.01-225","catch_line":"Persons rendering emergency care, obstetrical services exempt from liability","order_by":null,"url":"\/8.01-225\/"}],"permalink":{"id":280519,"object_type":"law","relational_id":74491,"identifier":"8.01-225.03","token":"8.01\/3\/21\/8.01-225.03","url":"\/8.01-225.03\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-225.03\/","token":"8.01\/3\/21\/8.01-225.03","dublin_core":{"Title":"Certain immunity for certain hospices, home care organizations, private providers, assisted living facilities, and adult day centers during a disaster under specific circumstances","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-225.03","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Disaster<\/span>” or “emergency<\/span>” means a public health emergency<\/span> related to the COVID-19 virus declared by the Governor pursuant to § 44-146.17<\/a> and set forth in Executive Order<\/span> 51 (2020) on March 12, 2020. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In the absence of gross negligence<\/span> or willful misconduct, any (i) hospice licensed pursuant to § 32.1-162.3<\/a>, (ii) home care organization licensed pursuant to § 32.1-162.9<\/a>, (iii) private provider licensed by the Department of Behavioral Health and Developmental Services pursuant to Article 2 (§ 37.2-403<\/a> et seq.) of Chapter 4 of Title 37.2, (iv) assisted living facility licensed pursuant to § 63.2-1701<\/a>, or (v) adult day center licensed pursuant to § 63.2-1701<\/a> that delivers care to or withholds care from a patient, resident, or person<\/span> receiving services who is diagnosed as being or is believed to be infected with the COVID-19 virus shall not be liable for any injury or wrongful death of such patient, resident, or person<\/span> receiving services arising from the delivery or withholding of care when the emergency<\/span> and subsequent conditions caused by the emergency<\/span> result in a lack of resources, attributable to the disaster<\/span>, that render such hospice, home care organization, private provider licensed by the Department of Behavioral Health and Developmental Services, assisted living facility, or adult day center unable to provide the level or manner of care that otherwise would have been required in the absence of the emergency<\/span> and that resulted in the injury or wrongful death at issue<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The immunity provided by this section shall be in addition to, and not be in lieu of, any immunities provided in other state or federal law<\/span>, including §§ 8.01-225<\/a> and 44-146.23<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The immunity provided by this section shall only apply to causes of action<\/span> arising between March 12, 2020, and such time as the declaration of a state of emergency<\/span> related to the COVID-19 virus set forth in Executive Order<\/span> 51 (2020) is no longer in effect. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTAIN IMMUNITY FOR CERTAIN HOSPICES, HOME CARE ORGANIZATIONS, PRIVATE\nPROVIDERS, ASSISTED LIVING FACILITIES, AND ADULT DAY CENTERS DURING A DISASTER\nUNDER SPECIFIC CIRCUMSTANCES (\u00a7 8.01-225.03)\n\nA. As used in this section:\n\t\t\t“Disaster” or “emergency” means a public health\nemergency related to the COVID-19 virus declared by the Governor pursuant to\n§ 44-146.17 and set forth in Executive Order 51 (2020) on March 12, 2020.\n\nB. In the absence of gross negligence or willful misconduct, any (i) hospice\nlicensed pursuant to § 32.1-162.3, (ii) home care organization licensed\npursuant to § 32.1-162.9, (iii) private provider licensed by the Department\nof Behavioral Health and Developmental Services pursuant to Article 2 (§\n37.2-403 et seq.) of Chapter 4 of Title 37.2, (iv) assisted living facility\nlicensed pursuant to § 63.2-1701, or (v) adult day center licensed pursuant\nto § 63.2-1701 that delivers care to or withholds care from a patient,\nresident, or person receiving services who is diagnosed as being or is believed\nto be infected with the COVID-19 virus shall not be liable for any injury or\nwrongful death of such patient, resident, or person receiving services arising\nfrom the delivery or withholding of care when the emergency and subsequent\nconditions caused by the emergency result in a lack of resources, attributable\nto the disaster, that render such hospice, home care organization, private\nprovider licensed by the Department of Behavioral Health and Developmental\nServices, assisted living facility, or adult day center unable to provide the\nlevel or manner of care that otherwise would have been required in the absence\nof the emergency and that resulted in the injury or wrongful death at issue.\n\nC. The immunity provided by this section shall be in addition to, and not be in\nlieu of, any immunities provided in other state or federal law, including\n§§ 8.01-225 and 44-146.23.\n\nD. The immunity provided by this section shall only apply to causes of action\narising between March 12, 2020, and such time as the declaration of a state of\nemergency related to the COVID-19 virus set forth in Executive Order 51 (2020)\nis no longer in effect.\n\nHISTORY: 2020, Sp. Sess. I, cc. 6, 7; 2024, cc. 37, 150.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}