Any chief administrative officer of a hospital or his designee who administers the routine referral required by § 32.1-127 and any representative of any organ procurement organization or eye or tissue bank who receives notice of a death or imminent death, determines the suitability of the decedent or patient for organ donation, makes contact with the family of a decedent or patient to request the donation of organs, tissues or eyes, or assists or performs the removal of any donated organs, tissues or eyes shall be immune from civil liability for any act, decision, or omission or statement made in accordance with the provisions of § 32.1-127, the regulations of the Board, and the provisions of the Health Care Financing Administration's regulations on routine referral and organ donation, unless he was grossly negligent or acted in bad faith or with malicious intent.
1988, cc. 325, 418; 2000, c. 810.
Notes of Decisions
Auer v. Baker, 63 Va. Cir. 596 (Norfolk Cir. Ct. 2004).
· cites it 2× “Sentara argues that Auer may not obtain these documents since they constitute part of the unrelated patients’ medical records without first complying with the requirements of the Virginia Patient Health Records Privacy Act, Va. Code Ann. § 32.1-127.1 :03 (Cum. Supp.”
Front Royal Ins. v. Gold Players, Inc., 187 F.R.D. 252 (W.D. Va. 1999).
“§ 32.1-127.1 :03 (Michie 1998 Supp.) (court order or subpoena required to obtain patient’s medical records unless patient authorizes release); § 58.”
Lugo v. INOVA Health Care Servs. (E.D. Va. 2025).
· cites it 4× “Va. Code Ann. § 32.1-127.1 :03. A health record is defined as “any written, printed or electronically recorded material maintained by a health care entity in the 14 course of providing health services to an individual concerning the individual and the services provided.”
Bushlow v. INOVA Health Sys. Hospitals, 40 Va. Cir. 121 (Fairfax Cir. Ct. 1996).
· cites it 10× “INOVA contends that the Parents’ suits are barred by Va. Code Ann. § 32.1-127.1 which grants the chief administrative officer of a hospital or his designee immunity from suit for acts associated with routine contact with patients’ families about organ donation.”
Myers v. Riverside Hosp., Inc., 93 Va. Cir. 189 (Newport News Cir. Ct. 2016).
· cites it 2× “” Va. Code Ann. § 32.1-127.1 :03. This statute specifically refers to the federal Health Information Technology for Economic and Clinical Health Act and Health Insurance Portability and Accountability Act, which in tandem impose audit control requirements upon health care…”
Lumumba v. Clarke (W.D. Va. 2023).
· cites it 2× “” Va. Code Ann. § 32.1-127.1 :03(A). However, the provisions of § 32.”
Saphilom v. Fairfax Cnty. Police (E.D. Va. 2024).
“§§ 32.1-127.1 :03(D)(24), 32.1-283(C). As part of a separate matter in Fairfax County Circuit Court, Saphilom obtained a subpoena requiring OCME to provide her with the autopsy and toxicology report.”
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