(1) Neither the state nor the members of the expert emergency epidemic response committee designated or appointed pursuant to section 24-33.5-704.5 are liable for any claim based upon the committee's advice to the governor or the alleged negligent exercise or performance of, or failure to exercise or perform an act relating to an emergency epidemic. Liability against a member of the committee may be found only for wanton or willful misconduct or willful disregard of the best interests of protecting and maintaining the public health. Damages awarded on the basis of such liability shall not exceed one hundred thousand dollars for any injury to or damage suffered by one person or three hundred thousand dollars for an injury to or damage suffered by three or more persons in the course of an emergency epidemic.
The conduct and management of the affairs and property of each hospital, physician,health insurer or managed health care organization, health care provider, public health worker, or emergency medical service provider shall be such that they will reasonably assist and not unreasonably detract from the ability of the state and the public to successfully control emergency epidemics that are declared a disaster emergency. Such persons and entities that in good faith comply completely with board of health rules regarding the emergency epidemic and with executive orders regarding the disaster emergency shall be immune from civil or criminal liability for any action taken to comply with the executive order or rule.
No personal services may be compensated by the state or any subdivision or agencyof the state, except pursuant to statute or local law or ordinance.
Compensation for property shall be made only if the property was commandeered orotherwise used in coping with an emergency epidemic that is declared by the governor or a member of the disaster emergency forces of this state.
The amount of compensation shall be calculated in the same manner as compensation due for taking of property pursuant to eminent domain procedures, as provided in articles 1 to 7 of title 38, C.R.S.
Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1085, § 10, effective July 1. L. 2018: (1) amended, (HB 18-1394), ch. 234, p. 1471, § 16, effective August 8.
Editor's note: This section is similar to former § 24-32-2111.5 as it existed prior to 2012.