Congress Urged to Shield Health Care Facilities and Providers from COVID-19 Liability

Dear Leader McConnell, Speaker Pelosi, Leader Schumer and Leader McCarthy: 

As organizations representing hospitals, health systems and other health care organizations, as well as health care professionals from across the country, we are writing to express our appreciation for the actions Congress has taken to date to address the COVID-19 pandemic and to ask you to support provisions in the next legislative package to protect those serving on the front lines of the pandemic from unwarranted legal action related to COVID-19. In the midst of an unprecedented health care crisis that is straining our health care system, we must support our health care facilities and professionals as they meet the demands of their patients and communities. 

As you are aware, a number of state leaders have either issued Executive Orders or enacted legislation to support their health care facilities and professionals. These measures are designed to shield front-line providers from the legal exposure that results from actions and decisions undertaken in responding to an unprecedented public health emergency. However, not every state has taken action, and a federal legislative approach is necessary to ensure a consistent level of protection is available for every facility and provider. 

We would ask that Congress consider provisions to shield from unwarranted liability the facilities and providers responding in good faith to prepare for and treat patients during the pandemic. This protection would not apply to situations in which there is gross negligence or other misconduct.  

We thank you for your leadership in addressing the public health crisis and your commitment to supporting America’s health care providers during this critical time and beyond. 

Sincerely, 

America’s Essential Hospitals 
American Hospital Association 
Association of American Medical Colleges 
Catholic Health Association of the United States 
Children’s Hospital Association 
Federation of American Hospitals 
National Association for Behavioral Healthcare 
Premier healthcare alliance 
Vizient, Inc. 

Related Resources

Letter/Comment
Public
AHA Urges Biden to Provide Strong Federal Leadership on COVID-19 Vaccine Distribution and Administration
Advisory
Public
On Dec. 27, 2020, the No Surprises Act was signed into law as part of the Consolidated Appropriations Act of 2021 (H.R. 133; Division BB – Private Health…
Other Resources
In rural Nebraska, a hospital CEO has posted daily updates about the COVID-19 pandemic, sharing important information with staff and the entire community since…
Special Bulletin
Public
The Department of Health and Human Services (HHS) today updated its guidance to hospitals on the reporting of COVID-19-related data. Specifically, HHS requests…
Special Bulletin
Public
The COVID-19 pandemic continues to place unprecedented demands on America’s health care system. The recent sharp increase in the number of patients needing…
Letter/Comment
Public
AHA letter urging HHS to exercise enforcement discretion with respect to the hospital price transparency rule.