National Association of City and County Health Officials (NACCHO) informs members of Good Samaritan Liability Preparedness Initiative

December 7, 2006

FROM: NACCHO, Washington, DC

TO: State Associations of County & City Health Officials

Subject: Good Samaritan Liability Preparedness Initiative

NACCHO would like to make you aware of a new legislative initiative designed to enhance the states' ability to incorporate private and non-profit sector organizations into planning and responding to public health and other emergencies. Leading the initiative is Gene Matthews, former general counsel at CDC and now a senior fellow at the North Carolina Institute for Public Health. The Association of State and Territorial Health Officials has provided similar information to state health officials, as they prepare for their states' upcoming legislative sessions. If this matter is of concern to local health departments in your state, we urge you to contact and work with your state health department to move forward any necessary state legislation.

The goal of the initiative is to facilitate the development of "Good Samaritan" legal liability protections for businesses and non-profit entities that assist in community emergency preparedness activities. Most state Good Samaritan laws only cover individuals and not business entities or non-profit organizations that provide assistance during emergencies. Several key features of the proposed legislative approach are:

1. The protections would only be extended during a governor-declared emergency.
2. The coverage would only apply to activities conducted in coordination with a designated governmental agency, thereby discouraging unilateral action by non-governmental actors.
3. Coverage could extend to pre-event planning and training activities to encourage advanced coordination.

Attached is a document prepared by Mr. Matthews that provides details about the initiative, as well as examples of possible legislative drafting approaches. Should you wish more information or desire technical assistance in moving the initiative forward in your state, please contact him at 919-966-9924 or matthewsphlaw@aol.com.