On March 9, 2020, Illinois Governor J.B. Pritzker invoked section 7 of the Illinois Emergency Management Agency Act, declaring the entire state of Illinois as a disaster area based on the progression of the COVID-19 pandemic. A recent Illinois Supreme Court decision involving Bria Health Services of Geneva Illinois, addressed the novel issue of whether Executive Order 2020-19 granted immunity for ordinary negligence claims to healthcare facilities rendering assistance to the State during the COVID-19 pandemic.
Executive Order 2020-19 granted immunity to facilities for civil liability for any injury or death alleged to have been caused by an act or omission by the Health Care Facility, which occurred when the facility was “assisting the State” by providing COVID-19 services. This “assistance” had to include one of the following (1) increasing their number of beds, (2) preserving personal protective equipment (PPE), or (3) taking necessary steps to prepare to treat patients with COVID-19.
The court in Bria took up the question on appeal to determine the scope and source of immunity for healthcare facilities accused of ordinary negligence while assisting during COVID-19.
The opinion, authored by Justice Holder, upheld the Appellate Court, holding that Bria has immunity from ordinary negligence claims “if and only if it can show it was ‘rendering assistance’ to the State during this time” by meeting one of the three listed criteria. Judge Cunningham authored the dissent, which spurned the majority opinion as not being in alignment with the plain meaning of either section 21(c) of the Act or Executive order 2020-19.
The case has now been remanded to the circuit court to determine whether Bria met the requirements for protection under Executive Order 2020-19.
If you have any questions regarding this decision or the impact it may have on your organization, please do not hesitate to contact Alyssa Lane at alane@airdowerwas.com, or (312) 506-4473.