GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	1 

SENATE BILL 34*

Short Title:  Emer. Shelter/Health Facil. Immunity.	(Public)

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Sponsors: Senators Cochrane, Carpenter, Dannelly, Martin of Pitt, Purcell; and Perdue.

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Referred to:  Judiciary I.

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February 4, 1999

A BILL TO BE ENTITLED
AN ACT TO PROVIDE IMMUNITY FROM LIABILITY FOR CERTAIN LICENSED HEALTH CARE FACILITIES THAT PROVIDE TEMPORARY SHELTER OR SERVICES DURING DISASTERS AND EMERGENCIES.
The General Assembly of North Carolina enacts:
Section 1.  Part A of Article 6 of Chapter 131E of the General Statutes is amended by adding the following new section to read:
"§ 131E-112. Limitation on liability for health care facilities that provide temporary shelter or temporary services during a disaster or emergency; waiver of rules.
(a)	Any health care facility or home care agency licensed under this Article that provides, with or without compensation, temporary shelter or temporary services to handicapped individuals during a disaster or emergency, declared under federal law or in accordance with Article 1 of Chapter 166A of the General Statutes or Article 36A of Chapter 14 of the General Statutes, at the request of an emergency management agency implementing an emergency management plan or program approved by the governmental entity having authority over the emergency management agency is not liable for any personal injury, wrongful death, property damage, or other loss caused by the facility's or home care agency's acts or omissions in the provision of shelter or services.
(b)	The immunity provided in subsection (a) of this section applies only to shelter or services:
(1)	The facility or home care agency is licensed to provide during its ordinary course of business.
(2)	Provided in accordance with an agreement between the health care facility or home care agency and the emergency management agency.
(3)	Provided for not more than 45 days after the declaration of the emergency or disaster, unless the 45-day immunity period is extended by an executive order issued by the Governor under the Governor's emergency executive powers.
(c)	The immunity provided in subsection (a) of this section does not apply if it is determined that the personal injury, wrongful death, property damage, or other loss was caused by the gross negligence, wanton conduct, or intentional wrongdoing of the health care facility or home care agency.
(d)	Commission rules pertaining to facilities or home care agencies shall be waived to the extent necessary to allow the facility or home care agency to provide the temporary shelter and temporary services requested by the emergency management agency as authorized by this section, unless the Division determines that the placement or services would pose an unreasonable risk to the health, safety, or welfare of any of the persons occupying the facility.  In the event the Division determines that placement or services would pose an unreasonable risk, then the Division shall work with the emergency management agency to assist in identifying ways of removing or reducing the risk or in securing alternative temporary shelter or temporary services during the disaster or emergency. The emergency management agency requesting temporary shelter or temporary services under this section shall notify the Division within 72 hours of placement of one or more individuals in a facility.
(e)	As used in this section:
(1)	'Emergency management agency' means a State or local governmental agency charged with coordination of all emergency management activities for its jurisdiction.
(2)	'Handicapped individual' means an individual who has a physical or mental disability or an infirmity."
Section 2. Article 1 of Chapter 131D of the General Statutes is amended by adding the following new section to read:
"§ 131D-7. Limitation on liability for certain adult care homes providing shelter or services during disaster or emergency; waiver of rules.
(a)	An adult care home licensed under this Article that provides, with or without compensation, temporary shelter or temporary services to handicapped individuals during a disaster or emergency, declared under federal law or in accordance with Article 1 of Chapter 166A of the General Statutes or Article 36A of Chapter 14 of the General Statutes, at the request of an emergency management agency implementing an emergency management plan or program approved by the governmental entity having authority over the emergency management agency is not liable for any personal injury, wrongful death, property damage, or other loss caused by the adult care home's acts or omissions in the provision of shelter or services.
(b)	The immunity provided in subsection (a) of this section applies only to shelter or services:
(1)	The adult care home is licensed to provide during its ordinary course of business.
(2)	Provided in accordance with an agreement between the adult care home and the emergency management agency.
(3)	Provided for not more than 45 days after the declaration of the emergency or disaster, unless the 45-day immunity period is extended by an executive order issued by the Governor under the Governor's emergency executive powers.
(c)	The immunity provided in subsection (a) of this section does not apply if it is determined that the personal injury, wrongful death, property damage, or other loss was caused by the gross negligence, wanton conduct, or intentional wrongdoing of the adult care home.
(d)	Commission rules including pertaining to adult care homes shall be waived to the extent necessary to allow the adult care home to provide the temporary shelter and temporary services requested by the emergency management agency as authorized by this section, unless the Division determines that the placement or services would pose an unreasonable risk to the health, safety, or welfare of any of the persons occupying the adult care home.  In the event the Division determines that placement or services would pose an unreasonable risk, then the Division shall work with the emergency management agency to assist in identifying ways of removing or reducing the risk or in securing alternative temporary shelter or temporary services during the disaster or emergency. The emergency management agency requesting temporary shelter or temporary services under this section shall notify the Division within 72 hours of placement of one or more individuals in an adult care home.
(e)	As used in this section:
(1)	'Emergency management agency' means a State or local governmental agency charged with coordination of all emergency management activities for its jurisdiction.
(2)	'Handicapped individual' means an individual who has a physical or mental disability or an infirmity."
Section 3.  This act becomes effective July 1, 1999, and applies to shelter or services provided on and after that date.