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Illinois’ New EO Extends Telehealth Coverage and Immunities for Elective Surgeries

June 2, 2020

But Other Civil Immunities Not Reissued

Still in response to COVID-19, Governor Pritzker signed EO 2020-39 last Friday, which reissued the executive orders on telehealth (EO 2020-09) and immunity for elective surgeries (EO 2020-37), among others, through June 27, 2020. However, the new order did not reissue the executive order for civil immunity for healthcare facilities, professionals, and volunteers (EO 2020-19), which expired May 29.

Here are highlights from the reissued EOs:

  • Telehealth: All health insurers regulated by the Illinois Department of Insurance are required to cover telehealth services and reimburse health professionals at the same rates as in-person visits and are prohibited from imposing any cost-sharing for in-network providers.
  • Immunity for elective surgeries: Hospitals that conduct elective surgeries or procedures beginning May 11, or healthcare professionals providing services in such a hospital, are immune from civil liability for any injury or death related to the diagnosis, transmission or treatment of COVID-19 allegedly caused by the hospital or healthcare professional while rendering assistance to the State in response to the COVID-19 pandemic. Be sure to review our detailed resource, which further explains this immunity and covers how it also applies to cancelled procedures in hospitals, among other scenarios.

At the federal level, bipartisan legislation was recently introduced in the House of Representatives (H.R.7059) that would provide limited liability protections to healthcare professionals and facilities during the COVID-19 public health emergency.

To find out more about what medical liability protections are currently in place for health professionals delivering care during the pandemic at both the federal and state level, access the American Medical Association (AMA)’s resource Liability Protections for Healthcare Professionals During COVID-19.

If you have questions, please contact us by email.

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