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Georgia Issues Civil Liability Executive Order

Georgia Gov. Brian Kemp yesterday entered an executive order that, among other things, extended civil immunity from suit during the declared pandemic to “healthcare institutions and facilities” and those facilities’ “auxiliary emergency management workers.” Unfortunately, the Georgia code that the order is based on excludes from immunity protection “all physicians’ and dentists’ private offices and treatment rooms in which such physicians or dentists primarily see, consult with, and treat patients,” and its definition of a “medical facility” does not include physicians’ private offices. We think those immunity limitations are unfortunate and inconsistent with the protections being granted to physicians in other states.

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All Curi recommendations are based on current CDC criteria at the time of publication. CDC guidance for SARS-CoV-2 infection may, or may not, be adopted by state and local health departments to respond to rapidly changing local circumstances. Providers should always check with their local health department to see if the CDC’s guidance on any given topic has been modified (particularly if more restrictive) from the CDC’s recommended guidelines. Follow this link https://www.cdc.gov/publichealthgateway/healthdirectories/index.html for contact information to your state/local health department. If local recommendations vary from those of the CDC, and you are unsure what recommendations to follow, then it is safer to follow the more restrictive guidelines/recommendations.