On March 26, 2024, Governor Andy Beshear signed groundbreaking House Bill 159 into law, providing health care providers with immunity from criminal liability for medical errors. The statute is the first of its kind in the nation.
HB 159 was introduced following the 2022 Tennessee criminal conviction of a former nurse related to a fatal drug error of an impaired adult. The bill unanimously passed in both the Kentucky General Assembly and Senate. The Kentucky Nurses Association issued statements in support, citing quality of care concerns and labor shortages as consequences of the fear of criminal liability among providers.
HB 159 creates a new section of KRS Chapter 311 and establishes absolute immunity for health care providers from criminal liability for any harm or damages alleged to arise from an act or omission relating to the provision of health services. The bill, on its face, appears broad in application as it applies to all health services provided in the Commonwealth by any health care provider. Under HB 159, a health care provider may still be criminally liable for gross negligence or wanton, willful, malicious, or intentional misconduct. Moreover, HB 159 does not eliminate civil liability for medical errors.
DBL Law’s Medical Liability and Healthcare teams are available to assist you with any of your needs.