House committee substitute to the 2nd edition makes the following changes.
Makes a technical correction to new GS 143-300.1B, subsection (b).
Adds that the act applies to contracts entered into or renewed on or after October 1, 2023, in addition to claims arising from acts or omissions occurring on or after that date.
Bill Summaries: H798 (2023-2024 Session)
Tracking:
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Bill H 798 (2023-2024)Summary date: May 3 2023 - View summary
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Bill H 798 (2023-2024)Summary date: May 2 2023 - View summary
House committee substitute to the 1st edition makes the following changes.
In the new GS 143-300.1B, defines health, human, and welfare services in subdivision (a)(1) as any services provided by the Department of Health and Human Services (DHHS) and its various divisions, in conjunction with or through nongovernmental organizations. This definition was previously health care services, and referenced the definition in GS 90-21.50 regarding DHHS services. Makes conforming changes throughout the section to use “health, human, and welfare services” in place of “health care services.”
In the new GS 143-300.1C, makes an identical change to the definition of health, human, and welfare services in subdivision (a)(1) and removes health care services. Makes conforming changes throughout the section in the same manner. Amends subsections (e) and (g) of the section to correct a reference to the monetary limits as applied in “subsection (d).” Previously the subsections referenced “subsection (c),” which was erroneous.
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Bill H 798 (2023-2024)Summary date: Apr 19 2023 - View summary
Substantively identical to S 571, filed 4/4/23.
Adds new GS 143-300.1B, which limits the liability of nongovernmental organizations that contract with the Department of Health and Human Services (DHHS) and any county or local agency affiliated with DHHS. Under the new section, the nongovernmental organization may not be held liable for injury or damage caused by DHHS; the county or local agency; or any officers, employees or other agents of those entities. Each party must bear the cost of defending itself against claims from their respective acts and omissions. The section prohibits a court from waiving or suspending any of its provisions, and makes void any contract provisions that would impose liability on the nongovernmental organizations in violation of the section.
Creates new GS 143-300.1C, which limits the liability of nongovernmental independent contractors that contract with DHHS or county or local agencies to the provisions of Article 31, GS Chapter 143. Specifies that independent contractors are functionally equivalent to DHHS to the extent they are performing health care services in the agency’s stead, and claims against the independent contractor will be subject to monetary limits in GS 143-299.2 as equivalent to the agency and must be filed in a court instead of the Industrial Commission. Requires the State to indemnify the independent contractor for any damages in excess of GS 143-299.2 for any damages incurred in an action alleging death or injury from an act or omission within the scope of the contractor’s performance of health care services.
Requires a claim for indemnification, as well as any claim from a judgment against an independent contractor, to be filed with the Industrial Commission.
Effective and applicable to claims arising from acts or omissions occurring on or after October 1, 2023.