Bill > H465

This bill proposes to amend existing law to protect healthcare providers from liability in lawsuits related to emergency medical care they provide. Specifically, it states that a healthcare provider who offers emergency medical services, first-aid, or other emergency professional care in accordance with the federal Emergency Medical Treatment and Active Labor Act (EMTALA), which mandates that hospitals provide emergency care to anyone needing it regardless of their ability to pay, or in response to a declared disaster, will not be held responsible for damages. This protection applies unless their actions or omissions in providing that care amount to willful or wanton misconduct or a reckless disregard for the consequences that could harm the patient's life or health. The bill further defines "reckless disregard" as conduct where the provider knew or should have known at the time of treatment that it created a significant and unreasonable risk of harm to another person, a risk substantially greater than what would be considered merely negligent.