Colorado § 24-33.5-711.5 - Liability - limits on damages and compensation - immunity for good faith compliance with rules and orders.

§ 24-33.5-711.5. Liability - limits on damages and compensation - immunity for good faith compliance with rules and orders.

(1) The state is not liable for a claim based upon the advice provided by an officer or employee of a state department to the governor or the alleged negligent exercise or performance of, or failure to exercise or perform, an act relating to an emergency epidemic. Liability against an officer or employee of a state department may be found only for wanton or willful misconduct or willful disregard of the best interests of protecting and maintaining the public health. Damages awarded on the basis of such liability shall not exceed one hundred thousand dollars for any injury to or damage suffered by one person or three hundred thousand dollars for an injury to or damage suffered by three or more persons in the course of an emergency epidemic.

(2) The conduct and management of the affairs and property of each hospital, physician, health insurer or managed health-care organization, health-care provider, public health worker, or emergency medical service provider shall be such that they will reasonably assist and not unreasonably detract from the ability of the state and the public to successfully control emergency epidemics that are declared a disaster emergency. Such persons and entities that in good faith comply completely with board of health rules regarding the emergency epidemic and with executive orders regarding the disaster emergency shall be immune from civil or criminal liability for any action taken to comply with the executive order or rule.

(3) No personal services may be compensated by the state or any subdivision or agency of the state, except pursuant to statute or local law or ordinance.

(4) Compensation for property shall be made only if the property was commandeered or otherwise used in coping with an emergency epidemic that is declared by the governor or a member of the disaster emergency forces of this state.

(5) The amount of compensation shall be calculated in the same manner as compensation due for taking of property pursuant to eminent domain procedures, as provided in articles 1 to 7 of title 38, C.R.S.

Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1085, § 10, effective July 1. L. 2018: (1) amended, (HB 18-1394), ch. 234, p. 1471, § 16, effective August 8. L. 2025: (1) amended, (HB 25-1027), ch. 65, p. 273, § 8, effective April 10.

Editor's note: This section is similar to former § 24-32-2111.5 as it existed prior to 2012.