The Idaho Legislature began a limited special legislative session on Monday to consider establishing temporary civil liability related to COVID-19 that could affect assisted living communities.
Gov. Brad Little issued a proclamation last week outlining the issues to be considered during the special session, which also includes election law changes to facilitate the November election during the pandemic.
The civil liability bill provides safe harbor to all those who, during the COVID-19 pandemic, “make good faith efforts” to continue to provide care or services, except in cases of “willful or reckless misconduct.” The immunity applies broadly to individuals and private and public entities, including owners and operators of assisted living communities.
The protections would be in effect through July 1, 2023.
The topics for the special session were recommended by the Idaho Legislature after study and analysis by legislative working groups. The Idaho constitution gives the governor the authority to call a special legislative session, which typically lasts only a day or two.
Several states have passed laws or issued executive orders providing COVID-19 liability immunity to long-term care providers and facilities. New York, in particular, had offered blanket liability protection shielding healthcare corporations from legal action but walked back those protections earlier this month.
