GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	2 

SENATE BILL 34*
Judiciary I Committee Substitute Adopted 4/22/99

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

─────────────────────────────────────── 
Sponsors:  

─────────────────────────────────────── 
Referred to:  

─────────────────────────────────────── 

February 4, 1999

A BILL TO BE ENTITLED
AN ACT TO PERMIT THE TEMPORARY WAIVER OF CERTAIN RULES AND 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)	In addition to the applicable limits on liability under G.S. 166A-15, any health care facility or home care agency licensed under this Article that provides, with or without compensation, temporary shelter or temporary services to individuals during a disaster or emergency declared in accordance with Article 1 of Chapter 166A 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 in accordance with this subsection.
(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)	The Division of Facility Services may temporarily waive, during disasters or emergencies declared in accordance with Article 1 of Chapter 166A of the General Statutes, any rules of the Commission pertaining to facilities or home care agencies 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.  The Division may identify in advance of a declared disaster or emergency rules that may be waived, and the extent the rules may be waived, upon a disaster or emergency being declared in accordance with Article 1 of Chapter 166A of the General Statutes.  The Division may also waive rules under this subsection during a declared disaster or emergency upon the request of an emergency management agency and may rescind the waiver if, after investigation, the Division determines the waiver poses an unreasonable risk to the health, safety, or welfare of any of the persons occupying the facility.  The emergency management agency requesting temporary shelter or temporary services under this section shall notify the Division within 72 hours of the time the preapproved waivers are deemed by the emergency management agency to apply.
(e)	As used in this section, 'emergency management agency' is as defined in G.S. 166A-4(2)."
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)	In addition to the applicable limits on liability under G.S. 166A-15, an adult care home licensed under this Article that provides, with or without compensation, temporary shelter or temporary services to individuals during a disaster or emergency declared in accordance with Article 1 of Chapter 166A 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 in accordance with this subsection.
(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)	The Division of Facility Services may temporarily waive, during disasters or emergencies declared in accordance with Article 1 of Chapter 166A of the General Statutes, any rules of the Commission pertaining to adult care homes 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.  The Division may identify in advance of a declared disaster or emergency rules that may be waived, and the extent the rules may be waived, upon a disaster or emergency being declared in accordance with Article 1 of Chapter 166A of the General Statutes.  The Division may also waive rules under this subsection during a declared disaster or emergency upon the request of an emergency management agency and may rescind the waiver if, after investigation, the Division determines the waiver poses an unreasonable risk to the health, safety, or welfare of any of the persons occupying the adult care home.  The emergency management agency requesting temporary shelter or temporary services under this section shall notify the Division within 72 hours of the time the preapproved waivers are deemed by the emergency management agency to apply.
(e)	As used in this section, 'emergency management agency' is as defined in G.S. 166A-4(2)."
Section 3.  This act becomes effective July 1, 1999, and applies to shelter or services provided on and after that date.