Signed by Governor Eric Holcomb

Vote Smart's Synopsis:

Vote to concur with amendments and pass a bill that exempts health care providers from being held liable when they are not able to provide non-emergency procedures due to an excessive number of COVID-19 patients.

Highlights:

• Defines "arising from COVID-19" as an injury or harm caused by or resulting from (Sec. 2.a):

• The actual, alleged, or possible exposure to or contraction of COVID-19; or

• Services, treatment, or other actions performed in response to COVID-19.

• Classifies “person” as any of the following (Sec. 5.b):

• An individual;

• A governmental entity;

• A corporation;

• A firm;

• A trust;

• A partnership; or

• An incorporated or unincorporated association that exists under or is authorized by the laws of this state, another state, or a foreign country.

• Specifies the immunity from civil tort liability does not apply to an act or omission that constitutes gross negligence or willful or wanton misconduct, including fraud and intentionally tortious acts (Sec. 5).

• Establishes a person is immune from civil tort liability for damages arising from COVID-19, if (Sec. 6):

• On the premises owned or operated by the person;

• On any premises on which the person or an employee or agent of the person provided property or services to the individual; or

• During an activity managed, organized, or sponsored by the person.

• Prohibits granting immunity from civil tort liability to a person whose actions or omissions constitute gross negligence or willful or wanton misconduct including fraud and intentionally tortious acts (Sec. 7).

• Prohibits a person from bringing a class action lawsuit based on tort damages for the harm that results from the design, manufacture, labeling, sale, distribution, or donation of a COVID-19 protective product (Sec. 8).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that exempts health care providers from being held liable when they are not able to provide non-emergency procedures due to an excessive number of COVID-19 patients.

Highlights:

• Defines "arising from COVID-19" as an injury or harm caused by or resulting from (Sec. 2.a):

• The actual, alleged, or possible exposure to or contraction of COVID-19; or

• Services, treatment, or other actions performed in response to COVID-19.

• Classifies “person” as any of the following (Sec. 5.b):

• An individual;

• A governmental entity;

• A corporation;

• A firm;

• A trust;

• A partnership; or

• An incorporated or unincorporated association that exists under or is authorized by the laws of this state, another state, or a foreign country.

• Specifies the immunity from civil tort liability does not apply to an act or omission that constitutes gross negligence or willful or wanton misconduct, including fraud and intentionally tortious acts (Sec. 5).

• Establishes a person is immune from civil tort liability for damages arising from COVID-19, if (Sec. 6):

• On the premises owned or operated by the person;

• On any premises on which the person or an employee or agent of the person provided property or services to the individual; or

• During an activity managed, organized, or sponsored by the person.

• Prohibits granting immunity from civil tort liability to a person whose actions or omissions constitute gross negligence or willful or wanton misconduct including fraud and intentionally tortious acts (Sec. 7).

• Prohibits a person from bringing a class action lawsuit based on tort damages for the harm that results from the design, manufacture, labeling, sale, distribution, or donation of a COVID-19 protective product (Sec. 8).

Full Bill Text