US Chamber of Commerce informs Homeland Security Task Force members of Good Samaritan Liability Preparedness Initiative

December 13, 2006

TO: US Chamber Homeland Security Task Force Members
FR: Executive Director, Homeland Security Division, US Chamber of Commerce
RE: Good Samaritan Liability Preparedness Initiative

We 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. We were briefed on the initiative by Gene Matthews, former general counsel at CDC, and now a senior fellow at the North Carolina Institute for Public Health. He has been working on this initiative to expand state Good Samaritan liability coverage to protect business and non-profit entities that assist in a public health emergency.

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 recommend it for your review:

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 Gene that provides details about the initiative, as well as examples of possible legislative drafting approaches. Should you or your staff want more information or desire technical assistance in moving the initiative forward in your state, please contact Gene at 919-966-9924 or matthewsphlaw@aol.com.