It is the purpose of this Article to promote the public health, safety, and welfare of all citizens by broadly protecting the health care facilities and health care providers in this State from liability that may result from treatment of individuals during the COVID-19 public health emergency under conditions resulting from circumstances associated with the COVID-19 public health emergency. A public health emergency that occurs on a statewide basis requires an enormous response from State, federal, and local governments working in concert with private and public health care providers in the community. The rendering of treatment to patients during such a public health emergency is a matter of vital State concern affecting the public health, safety, and welfare of all citizens. (2020-3, s. 3D.7(a); 2021-3, s. 2.13(a).)
Notes of Decisions
Cited in
3
cases (
3 in the last 5 years), 2022–2024 · leading case:
Land v. Whitley, 898 S.E.2d 17 (N.C. Ct. App. 2024).
Land v. Whitley, 898 S.E.2d 17 (N.C. Ct. App. 2024).
· cites it 2× “N.C. Gen. Stat. § 90-21.131 . This purpose is carried out by providing limited statutory immunity for those health care providers who meet the three requirements.”
Hooker v. Citadel Salisbury LLC, No. 1:21-cv-00384, 2022 WL 1663421 (M.D.N.C. May 25, 2022).
· cites it 2× “N.C. Gen. Stat. § 90-21.131 (See Doc. 30 at 7-9.”
Harrington v. S. Health Partners, Inc., No. 1:21-cv-00744 (M.D.N.C. May 11, 2023).
· cites it 2× “” N.C. Gen. Stat. § 90-21.131 . Health care facilities, providers, and entities are afforded immunity if the following three elements are satisfied: (1) the health care facility, provider, or entity “is arranging for or providing health care services during the period of the…”
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