Bill Summary for H 404 (2021)

Summary date: 

Nov 2 2021

Bill Information:

View NCGA Bill Details2021
House Bill 404 (Public) Filed Wednesday, March 24, 2021
AN ACT PROVIDING THAT PUBLIC SAFETY ANSWERING POINTS, REGIONAL PUBLIC SAFETY ANSWERING POINTS, AND THEIR EMPLOYEES AND AGENTS AND EMPLOYEES OF LAW ENFORCEMENT AGENCIES ARE NOT LIABLE FOR DAMAGES IN A CIVIL ACTION EXCEPT IN CASES OF GROSS NEGLIGENCE AND WANTON OR WILLFUL MISCONDUCT OR WHEN THERE IS APPLICABLE INSURANCE COVERAGE AND MAKING TECHNICAL CORRECTIONS TO S.L. 2021-171, THE NO PATIENT LEFT ALONE ACT.
Intro. by Zachary, Warren.

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Bill summary

Conference report #2 makes the following changes to the 3rd edition.

Further amends GS 143B-1413, making organizational changes to distinguish the limitations on liability granted to a communications service provider, a 911 system provider or next generation 911 system provider, from that proposed to be extended to a public safety answering point (PSAP) or regional PSAP, their employees and agents, and employees of a law enforcement agency who are certified by the North Carolina Sheriffs' Education and Training Standards Commission. Now establishes limited liability for a PSAP, regional PSAP, their employees and agents, and employees of a certified law enforcement agency for any damages in a civil action resulting from death or injury to a person or from damage to property incurred by any person in connection with implementing, maintaining, or operating the 911 system (previously, also extended to developing and adopting the 911 system, now only included in the limited liability provided for communications service providers, 911 system providers, and next generation 911 system providers), or in complying with emergency-related information requests from State or local government officials (now only explicitly included in the limited liability provided for PSAPs, regional PSAPs, and employees of certified law enforcement agencies). Adds to the exceptions to the limitation on liability granted to PSAPs, regional PSAPs, their employees and agents, and employees of a law enforcement agency, cases of gross negligence by the individual. Makes the proposed list of call taking functions covered limited to the immunity granted to a PSAP, regional PSAP, or employee of a certified law enforcement agency. Makes the existing list of applicable acts or omissions applicable to a communications service provider, a 911 system provider or next generation 911 system provider applicable only to a PSAP, regional PSAP or employee of a certified law enforcement agency. No longer specifically includes the use or provisions of 911 service, E911 service, or next generation 911 service. Adds a new subsection waiving the limited liability granted to a PSAP, regional PSAP, their employees and agents, and employees of certified law enforcement agencies to the extent a liability insurance policy provides coverage applicable to claims against a PSAP, regional PSAP, their employees or agents (other than communication service providers, 911 service providers, or next generation 911 system providers), or employees of a certified law enforcement agency. Adds that the limited liability granted to a PSAP, regional PSAP, their employees and agents, and employees of a certified law enforcement agency does not bar coverage under any applicable liability insurance policy to the named entities listed under the new waiver provision.

Adds to the following statutes enacted by SL 2021-71, which require licensed hospitals, nursing or combinations homes, hospice care facilities, adult care homes and special care units, and residential treatment facilities to allow compassionate care visits, to condition the mandate to allow such visits upon the rules, regulations, or guidelines adopted by either the Centers for Medicare and Medicaid Services or the Centers for Disease Control and Prevention or any federal law: GS 131E-79.3; GS 131E-112.5; GS 131E-207.5; 131D-7.5; and GS 122C-32. Makes further technical corrections. Effective November 1, 2021.

Makes conforming changes to the act's titles.

Conference report #1 was withdrawn on 9/15/2021.

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