The COVID Project
The record
- Jurisdiction
- New Hampshire
- Level
- State
- Authority
- RSA ch. 21-P, Homeland Security and Emergency Management subdivision; RSA 21-P:35, V; RSA 21-P:41
- Issued
- 2021-07-30 July 30, 2021
- Effective
- 2021-07-30
- End
- standing (read as 2021-09-30)
- In force
- Standing since July 30, 2021 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Health care ordersStanding dutyOperating condition
- Addressees
- specified businesses: acute care hospitals, assisted living, long-term care, nursing and residential care facilities, ambulatory care clinics and similar facilities, and their employees, agents and volunteers
- Character
- liability shield condition
- Collection
- Standing duties: New Hampshire DUT-NH
Operative words
are deemed to have been engaged in preparing for and/or carrying out 'emergency management' functions for the purposes of RSA 21-P:35 when complying, or reasonably attempting to comply, with any executive order, agency order or rule... This section shall not apply to actions performed after such an emergency order or rule is no longer in effect.
Penalty
Loss of immunity for conduct not undertaken in compliance with an emergency order or rule, or after the order or rule ceased
What it required
Health facilities and their employees, agents and volunteers are immune from suit for death, injury or property damage only as a result of compliance or reasonable attempts to comply with COVID-19 executive orders, agency orders or rules (including CMS waivers); conduct 'not related to compliance' and conduct after the order or rule lapsed is outside the shield.
Retrieval noteText read in full on gc.nh.gov Sept. 28, 2026; PDF exhibit rendered from the Wayback capture named in snapshot. The bill number of 2021 ch. 179 was not verified (the 2021 budget trailer bill HB 2 is ch. 91, per Ex. NH-073). No general business shield was enacted: HB 149 (2021) was retained in March 2021 and recommended for defeat Sept. 28, 2021 (New Hampshire Bulletin, https://newhampshirebulletin.com/briefs/house-committee-recommends-end-to-covid-19-civil-immunity-bill/; verified_secondary).