                                 CODE OF VIRGINIA

CERTAIN IMMUNITY FOR CERTAIN HOSPICES, HOME CARE ORGANIZATIONS, PRIVATE
PROVIDERS, ASSISTED LIVING FACILITIES, AND ADULT DAY CENTERS DURING A DISASTER
UNDER SPECIFIC CIRCUMSTANCES (§ 8.01-225.03)

A. As used in this section:
			&#8220;Disaster&#8221; or &#8220;emergency&#8221; means a public health
emergency related to the COVID-19 virus declared by the Governor pursuant to
&#xA7; 44-146.17 and set forth in Executive Order 51 (2020) on March 12, 2020.

B. In the absence of gross negligence or willful misconduct, any (i) hospice
licensed pursuant to &#xA7; 32.1-162.3, (ii) home care organization licensed
pursuant to &#xA7; 32.1-162.9, (iii) private provider licensed by the Department
of Behavioral Health and Developmental Services pursuant to Article 2 (&#xA7;
37.2-403 et seq.) of Chapter 4 of Title 37.2, (iv) assisted living facility
licensed pursuant to &#xA7; 63.2-1701, or (v) adult day center licensed pursuant
to &#xA7; 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. 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
&#xA7;&#xA7; 8.01-225 and 44-146.23.

D. 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is no longer in effect.

HISTORY: 2020, Sp. Sess. I, cc. 6, 7; 2024, cc. 37, 150.