Indiana § 34-30-13-2 - Liability for gross negligence or willful misconduct

§ 34-30-13-2. Liability for gross negligence or willful misconduct

Sec. 2. A person who provides health care services as described in this chapter is not immune from civil liability if the damages resulting from the provision of the health care services resulted from the person's gross negligence or willful misconduct.

[Pre-1998 Recodification Citation: 34-4-12.1-2(b).]

As added by P.L.1-1998, SEC.26. Amended by P.L.161-2015, SEC.5.

IC 34-30-13.5Chapter 13.5. Health Care: Immunity for Persons Providing Services in a Disaster

34-30-13.5-1Immunity 34-30-13.5-2Liability for gross negligence or willful misconduct 34-30-13.5-3Immunity of facility 34-30-13.5-4Compliance with the medical malpractice act

IC 34-30-13.5-1Immunity Sec. 1. (a) This subsection does not apply during a period of a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19, if the state of disaster emergency was declared after February 29, 2020, and before April 1, 2022. Except as provided in section 2 of this chapter, a person who meets the following criteria may not be held civilly liable for an act or omission relating to the provision of health care services in response to an event that is declared a disaster emergency under IC 10-14-3-12, regardless of whether the provision of health care services occurred before or after the declaration of a disaster emergency:

(1) Has a license to provide health care services under Indiana law or the law of another state.

(2) Provides a health care service:

(A) within the scope of the person's license to another person; and

(B) at a location where health care services are provided during an event that is declared as a disaster.

(b) This subsection applies during a period of a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19, if the state of disaster emergency was declared after February 29, 2020, and before April 1, 2022. Except as provided in section 2 of this chapter, the following apply to the provision of health care services arising from a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19:

(1) A person providing health care services or emergency medical services, whether in person or through telemedicine services permitted by IC 25-1-9.5, at a facility or other location where health care services or emergency medical services are provided may not be held civilly liable for an act or omission relating to the provision or delay of health care services or emergency medical services arising from a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19.

(2) An employer, including an agency that provides or arranges health care services or emergency medical services, of a person described in subdivision (1) may not be held civilly liable for an act or omission relating to the provision or delay of health care services or emergency medical services arising from a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19.

(c) This subsection applies during a period of a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19, if the state of disaster emergency was declared after February 29, 2020, and before April 1, 2022. The following do not constitute gross negligence, willful or wanton misconduct, fraud, or intentional misrepresentation under this chapter if arising from a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19:

(1) Providing services without required personal protective equipment caused by:

(A) a shortage; or

(B) an inability to timely acquire personal protective equipment;

in response to or arising from a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19.

(2) Providing services without access to adequate or reliable testing for COVID-19, even if the COVID-19 testing that was used received emergency use authorization from the federal Food and Drug Administration.

(3) Using equipment, medicine, or supplies to treat or help prevent the transmission of COVID-19 in a manner that is not approved by the federal Food and Drug Administration.

(4) Providing services that are outside of an individual's expertise or specialty but within the individual's scope of practice under IC 16 or IC 25.

As added by P.L.138-2006, SEC.13. Amended by P.L.166-2021, SEC.16.

IC 34-30-13.5-2Liability for gross negligence or willful misconduct Sec. 2. A person described in this chapter is not immune from civil liability if the damages resulting from the act or omission relating to the provision or delay of the health care services resulted from the person's gross negligence, willful or wanton misconduct, fraud, or intentional misrepresentation.

As added by P.L.138-2006, SEC.13. Amended by P.L.166-2021, SEC.17.

IC 34-30-13.5-3Immunity of facility Sec. 3. (a) This subsection does not apply during a period of a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19, if the state of disaster emergency was declared after February 29, 2020, and before April 1, 2022. A facility or other location that is providing health care services in response to an event that is declared as a disaster emergency may not be held civilly liable for an act or omission relating to the provision of health care services in response to that event by a health professional licensed to provide the health care service under Indiana law or the law of another state if the person is acting during an event that is declared as a disaster emergency, regardless of whether the provision of health care services occurred before or after the declaration of a disaster emergency.

(b) This subsection applies during a period of a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19, if the state of disaster emergency was declared after February 29, 2020, and before April 1, 2022. A facility or other location, including a location used to provide emergency medical services or used to provide telemedicine services permitted under IC 25-1-9.5, that provides health care services or emergency medical services in response to or arising from a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19 may not be held civilly liable for an act or omission relating to the provision of health care services with respect to which an individual providing health care services, a provider, an agent, or an employee are not liable under this chapter.

(c) This subsection applies during a period of a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19, if the state of disaster emergency was declared after February 29, 2020, and before April 1, 2022. An individual or an entity that:

(1) has a financial interest in;

(2) serves on the board of directors of; or

(3) provides management or administrative services for;

a facility or other location that provides health care services or emergency medical services in response to or arising from a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19 may not be held civilly liable for an act or omission described in subsection (b).

As added by P.L.138-2006, SEC.13. Amended by P.L.166-2021, SEC.18.

IC 34-30-13.5-4Compliance with the medical malpractice act Sec. 4. This section applies during a period of a state disaster emergency declared under IC 10-14-3-12 to respond to COVID-19, if the state of disaster emergency was declared after February 29, 2020, and before April 1, 2022. If a claim described in this chapter is:

(1) a claim for injury or death resulting from medical malpractice; and

(2) not barred by the immunity provided under this chapter;

the claimant is required to comply with all of the provisions of IC 34-18 (medical malpractice act).

As added by P.L.166-2021, SEC.19.

IC 34-30-14Chapter 14. Health Care: Immunity of Certain Persons Who Administer Medications to Pupils at School

34-30-14-1Compelling certain school personnel to administer medication to pupils prohibited 34-30-14-2Administering medication to pupils; immunity 34-30-14-3Record keeping requirements 34-30-14-4Training requirements 34-30-14-5Chapter subject to IC 34-13-3 34-30-14-6Immunity in connection with self-administration of medication 34-30-14-7Teachers; immunity for providing cardiopulmonary resuscitation or the Heimlich maneuver or for using an automated external defibrillator 34-30-14-8School nurses; immunity for certain acts 34-30-14-9Schools; immunity for employees performing certain acts