§ 36-3296 — Liability; limitation

A. Except for acts of gross negligence, wilful misconduct or intentional wrongdoing, the qualifying health information exchange organization and its contractors are not subject to civil liability for any claims or demands arising out of the administration or operation of, or the provision of access to information stored in, the registry established pursuant to this article.

B. This article does not require a health care provider to request from the registry information about whether a patient has executed a health care directive. A health care provider who makes good faith health care decisions in reliance on the provisions of an apparently genuine health care directive received from the registry is immune from criminal and civil liability to the same extent and under the same conditions as prescribed in sections 36-3205 and 36-3251, except that the requirement that a prehospital medical care directive be on an orange form does not apply to a health care provider who relies on a prehospital medical care directive displayed through the registry.

C. This article does not affect the duty of a health care provider to provide information to a patient regarding health care directives pursuant to federal law.