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2020 Op. N.H. Att'y Gen. 1 (2020)

handle is hein.sag/sagnh0054 and id is 1 raw text is: ATTORNEY GENERAL DEPARTMENT OF JUSTICE 33 CAPITOL STREET CONCORD, NEW HAMPSHIRE 03301-6397 GORDON J. MACDONALD JANE E. YOUNG ATTORNEY GENERAL DEPUTY ATTORNEY GENERAL ATTORNEY GENERAL OPINION NO. 2020-01 April 22, 2020 Lori A. Shibinette, Commissioner Department of Health and Human Services 129 Pleasant Street Concord, New Hampshire 03301 RE: Request for Attorney General's Opinion Dear Commissioner Shibinette: You requested this office provide an official Attorney General opinion concerning the following questions. QUESTIONS PRESENTED Are acute care hospitals, assisted living facilities, long-term care facilities, nursing facilities, residential care facilities, as those terms are defined in RSA 151 - 151-H, or any other similar facilities providing residential care to elderly or infirm patients (health facilities) that take reasonable steps to implement specific orders set out in Executive Order 2020-04, and subsequent Emergency Orders of the Governor, and orders or regulations of the Department of Health and Human Services and other state agencies issued pursuant to Executive Order 2020- 04, performing emergency management activities as defined in RSA 21-P:35? If so, does the immunity provided in RSA 21-P:41 apply to these emergency management activities? CONCLUSION Yes, the Governor, in exercising his emergency management powers, issued orders so that the State may prepare for and respond to the outbreak of the Novel Coronavirus 2019 Disease (COVID-19). The health facilities, and their employees and volunteers, engaged in emergency management activities, as defined in RSA 21-P:35, V, when they, in turn, took reasonable steps to implement state of emergency orders, rules, and waivers that prepared the State to adequately treat patients and to prevent the overburdening of existing resources. Telephone 603-271-3658 * FAX 603-271-2110 * TDD Access: Relay NH 1-800-735-2964

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