Vote Smart's Synopsis:

Vote to pass a bill that establishes legal protections to small businesses and healthcare providers during the COVID-19 coronavirus pandemic.

Highlights:

• Specifies that a health care provider who provides health care services in response to a disaster or emergency will not be subject to professional disciplinary action or be liable for any damages to an individual or government agency for injury, death, or loss to a person or property from any of the following, including (Sec. 1, Pg. 9):

• An act or omission of the health care provider provision, withholding, or withdrawal of services;

• Any decision related to the provision, withholding, or withdrawal of services; and

• Compliance with an executive order or director’s order issued during and in response to the disaster or emergency.

• Specifies that the aforementioned provision will not apply in a professional disciplinary action if the health care provider’s action, omission, or compliance constitutes reckless disregard or gross negligence (Sec. 1, Pg. 9).

• Establishes immunity for a health care provider and will not be subject to professional disciplinary action for injury, death, or loss to a person or property that allegedly arises because the provider was prohibited from treating, diagnosing, or testing the individual for any illness, disease, or condition, including performing an elective procedure, by an executive or director’s order or an order of a board of health of a city or general health district issued in relation to an epidemic or pandemic disease, or another health emergency (Sec. 1, Pg. 10).

• Prohibits a class action alleging liability for damages for injury, death, or loss to an individual or property from being brought against any health care provider if the immunity mentioned above does not apply (Sec. 1, Pg. 11).

• Specifies that no service provider shall be liable for damages to any individual in a civil action alleging exposure to an illness, injury, death, or loss to an individual or property directly or indirectly from the service providers act or omission in providing or performing the service providers services as a result or in response to the disaster emergency declared due to COVID-19 or that are intended to assist individuals trying to recover and sustain themselves during the emergency ending April 1, 2021 (Sec. 1, Pg. 13).

• Defines the “board of health” as the board of health of a city or general health district or the authority having the duties of a board of health (Sec. 1, Pg. 11 & 12).

• Defines a “government order” as an order, recommendation, or guideline issued in response to a disaster or emergency due to COVID-19 by a federal official or agency, a political subdivision, or a board of health (Sec. 1, Pg. 12).

• Defines an “emergency” as any period during which the congress of the United States or a chief executive has declared or proclaimed that an emergency exists due to COVID-19 (Sec. 1, Pg. 12).

• Defines “services” as any activity, including manufacturing, that is part of or outside of a service provider’s normal course of business conducted during the period of a disaster or emergency declared due to COVID-19 and ending on April 1, 2021, and “service provider” as an owner, officer, director, employee, or agent (Sec. 1, Pg. 12).

• Defines “behavioral health services” to include alcohol and drug addiction services and mental health services (Sec. 1, Pg. 2).

• Defines a “behavioral health provider” as the following providers, including (Sec. 1, Pg. 2):

• An independent chemical dependency counselor-clinical supervisor or independent chemical dependency counselor, chemical dependency counselor III and II, or a chemical dependency counselor assistant;

• Prevention consultant, prevention specialist, prevention specialist assistant, or registered applicant;

• A licensed professional clinical counselor, licensed professional counselor, independent social worker, independent marriage and family therapist, or marriage and family therapist who holds a current, valid license; or

• A psychologist.

• Defines the “board of health” as the board of health of the city or general health district or the authority having the duties of the board of health (Sec. 1, Pg. 2).

• Defines a “direct support professional” as an individual employed by an agency to provide direct care to individuals with developmental disabilities (Sec. 1, Pg. 3).

• Defines “facility” as an institution or setting where health care services are provided, including (Sec. 1, Pg. 3):

• A hospital, emergency department, inpatient, ambulatory, surgical, ambulatory surgical, urgent care;

• Treatment, laboratory, adult day-care, residential care, residential treatment, long-term care, intermediate care facility, or facility for individuals with developmental disabilities;

• A developmental, diagnostic, or imaging center, rehabilitation or therapeutic health setting, federally qualified health enter or federally qualified center look-alike; and

• Any modular field treatment facility or alternative care site designated for temporary use for the purpose of providing health care services in response to a disaster emergency.

• Defines “facility for individuals with developmental disabilities” as a facility that provides services to 2 or more unrelated individuals with developmental disabilities in a residential setting, such as the institution for mental diseases or a residential facility (Sec. 1, Pg. 4).

• Defines “gross negligence” as a lack of care so great that it appears to be a conscious indifference to the rights of others (Sec. 1, Pg. 4).

• Defines “home and community based-service provider” as a provider of service under a home and community-based services Medicaid waiver component (Sec. 1, Pg. 5).

• Defines “reckless disregard” as conduct by which, with heedless indifference to the consequences, the health care provider disregards a substantial and unjustifiable risk that the health care provider’s conduct is likely to cause (Sec. 1, Pg. 7 & 8).

Full Bill Text