From the Document: "The ongoing Coronavirus Disease 2019 (COVID-19) pandemic has required health care professionals and facilities to care for a surge of patients with COVID-19 symptoms. This is occurring in a health care environment where the treatment guidelines specific to COVID-19 are still evolving and where some health care facilities are experiencing various resource shortages related to their pandemic response, including shortages in staffing as well as certain protective and treatment equipment. For some health care facilities, these shortages have also caused the delay or cancelation of non-COVID-19 treatments or procedures. Various commentators and policymakers have recognized that these conditions may generate certain liability risks for the health care sector, including risks resulting from unsuccessful COVID-19 treatments, potential COVID-19 transmission, and canceled or delayed non-COVID-19 treatments. These risks have prompted a debate over whether the government should grant certain liability limitations to the health care sector, and if so, what the appropriate scope of those limitations should be. [...] To facilitate Congress's review of this issue, this Sidebar provides an overview of the existing federal and state limitations on liability for the health care sector that are relevant to the current pandemic before identifying several legal considerations for Congress."
CRS Legal Sidebar, LSB10508
Congressional Research Service: https://crsreports.congress.gov/