On Tuesday, April 14, 2020, Governor Murphy announced that he signed S-2333/A-3910, which is effective immediately and retroactive to March 9, 2020. S-2333/A-3910 provides immunity to healthcare facilities and professionals from civil and criminal claims resulting from injury or death in treating COVID-19 patients. Under the bill, a "healthcare professional" includes physicians, physician assistants, advanced practice nurses, registered nurses, licensed practical nurses, or other healthcare professionals who are authorized to provide health care services in New Jersey, as well as, EMTs or mobile intensive care paramedics who are "certified by the Commission of Health pursuant to Title 26 of the Revised Statutes or is otherwise authorized to provide health care services in the state."
It should be noted that not every healthcare facility and professional providing COVID-19 care is granted immunity under this bill. Immunity does not apply to acts or omissions involving a crime, such as fraud, malice, gross negligence, willful misconduct and/or recklessness under S-2333/A-3910. The goal of this bill is to relieve healthcare providers who are currently involved in COVID-19 treatment, especially at a time when critical resources such as ventilators, ICU beds, and other medical supplies are in short supply. This bill is also intended to protect the recent medical school graduates, who are permitted to provide treatment, without medical liability insurance, due to the demands of this healthcare crisis.
