ISDH Issues Professional Liability Guidance

Indiana law currently provides for fairly broad immunity to licensed heath care professionals and facilities providing health care services by a licensed health care professional.  Indiana Code 34-30-13.5 is the statute that is referenced by the Indiana State Department of Health in this guidance that the department issued over the weekend.

The guidance discusses applicability of the Indiana law to heath care providers, regardless of employment status and therefore health care providers that volunteer are covered by the immunity statute.  The guidance also discusses providers that obtained a license during the public health emergency pursuant to Governor Holcomb’s Executive Order 20-13.  The guidance also addresses facilities and that immunity applies to any facility that providers health care services by a licensed health care professional under Indiana law or laws of another state when in response to the public health emergency.

IHCA/INCAL continues to examine this immunity statute and related statutes and will update members as more information becomes available.