April 17, 2020

CARES Act Reduces Liability for Providers Who Volunteer to Fight COVID-19

A notable Coronavirus Aid, Relief and Economic Security (CARES) Act provision reduces the medical malpractice liability of radiologists and other providers who volunteer their COVID-related medical services during the public health emergency.

This limitation generally excuses a member from liability under federal or state law for any act or omission they make as a volunteer that might harm patients.

However, the Act does not exempt any harm that occurs because a member committed willful misconduct, gross negligence or provided services under the influence of alcohol or drugs.

Members may receive items or certain reimbursement for travel related to volunteering their services, but otherwise may not receive compensation.

Additionally, many states have loosened temporarily their medical licensure or renewal requirements. ACR® members who have a license in one state may practice in other states that accept their licenses, strictly for care related to public health emergencies.

Please see this list of state emergency declaration and licensure requirements.