{"id":"DUT-VA-009","kind":"duty","level":"state","jurisdiction":"Virginia","state":"VA","metro":"","industry":"","agency":"","eco":"","issuer":"General Assembly of Virginia (Code of Virginia, Title 8.01, Chapter 3)","authority":"Va. Code Ann. section 8.01-225.03 (2020 Sp. Sess. I, cc. 6, 7)","instrument":"Va. Code section 8.01-225.03, Certain immunity for certain hospices, home care organizations, private providers, assisted living facilities, and adult day care centers during a disaster under specific circumstances (text as it stood in 2021, before the 2024 amendments)","title":"Certain immunity for certain hospices, home care organizations, private providers, assisted living facilities, and adult day care centers during a disaster under specific circumstances","dateIssued":"2020-10-13","effective":"2020-10-13 (in force from passage); applies to causes of action arising between March 12, 2020 and the end of the EO 51 state of emergency","end":"Causes of action arising after the EO 51 emergency lapsed on June 30, 2021 are outside the section; section amended 2024 (cc. 37, 150)","startDate":"2020-10-13","endDate":"2021-06-30","quarters":["2020Q4","2021Q1","2021Q2"],"types":["COND","HC","OTHER"],"addressees":["specified businesses only: licensed hospices, home care organizations, DBHDS-licensed private providers, assisted living facilities, adult day care centers"],"clause":"shall not be liable for any injury or wrongful death... 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... unable to provide the level or manner of care that otherwise would have been required","enforcement":"None; a conditioned immunity (the condition is the disaster-caused lack of resources and the absence of gross negligence or willful misconduct)","functions":[],"notes":"Confines Virginia\u0027s only COVID-19-specific statutory immunity to five classes of licensed care providers, \u0027in the absence of gross negligence or willful misconduct,\u0027 and only where a disaster-caused \u0027lack of resources\u0027 made the ordinary standard of care impossible; every other Virginia business, and every act of these providers not attributable to a resource shortage, remained subject to ordinary liability measured against the orders, the incorporated guidelines and 16VAC25-220.","sourceUrl":"https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-225.03/","snapshot":"https://web.archive.org/web/20211208163623/https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-225.03/","fileExists":true,"fileBytes":67337,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-VA","url":"/library/DUT-VA-009","exhibitUrl":"/exhibit/DUT-VA-009","citation":"General Assembly of Virginia (Code of Virginia, Title 8.01, Chapter 3), Va. Code section 8.01-225.03, Certain immunity for certain hospices, home care organizations, private providers, assisted living facilities, and adult day care centers during a disaster under specific circumstances (text as it stood in 2021, before the 2024 amendments) (Oct. 13, 2020) (Ex. DUT-VA-009)","stateName":"Virginia","related":[]}