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  • Summary date: Apr 4 2023 - View Summary

    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.