PROVIDENCE – Gov. Daniel J. McKee recently issued an executive order protecting hospitals and medical staff from civil damages if the care they provide falls short of expectations due to staffing or supply shortages.
The executive order, which was not publicly announced, was signed Dec. 22 and comes amid ongoing staff shortages and rising COVID-19 cases and hospitalizations.
“Health care workers in all areas of operations are going above and beyond to compassionately care for the influx of patients seeking care and treatment in our hospitals as a result of rising COVID infections, as well as other health-related issues,” Dr. James Fanale, CEO and president of the Care New England Health System, told The Boston Globe in an email. “The new executive order does not provide hospitals and medical professionals with immunity from willful misconduct, gross negligence or bad faith. It does, however, offer some limited protection to hospitals and staff, who are working in an environment that is unprecedented, including staffing shortages, and limited resources, during a pandemic.”
McKee’s executive order is a response to concerns from hospitals, doctors and nurses that they could be sued just for working in a health care system where general care may not be up to normal standards due partly to staff limitations.
“Such concerns in this environment place an undue burden upon health care providers that inhibits their ability to continue serving the needs of the citizens of the state,” McKee wrote.
He noted that the number of employee vacancies at Lifespan Corp., the state’s largest health care system, was 1,000 in February 2020; today he said it is more than 2,400.
“Other health care facilities – both in Rhode Island and across the country – are facing similar staffing problems. Without adequate staff, some hospitals have closed facilities and curtailed services,” he added.
When asked why the executive order was not publicly announced, McKee spokesperson Andrea Palagi said it was posted on the governor’s website last week. She added McKee will discuss it later this week at a yet-to-be scheduled press conference on issues related to COVID-19.
