HB 1002 IN 2021

Session
2021
Sponsors
Name Jerry Torr
Name John Young
Name R Chris Jeter
Name Matt Lehman
Name Chris Jeter
Name Mark Messmer
Name R Liz Brown
Name R Aaron Freeman
Name Dennis Kruse
Name Eric Koch

Title

Civil immunity related to COVID-19.

Summary

Protects health care providers from professional discipline for certain acts or omissions arising from a disaster emergency unless the act or omission constitutes gross negligence, willful or wanton misconduct, or intentional misrepresentation. Provides that a health care provider is not protected from professional discipline for actions that are outside the skills, education, and training of the health care provider, unless certain circumstances apply. Specifies that orders and recommendations issued by local, state, and federal government agencies and officials during a state disaster emergency do not create new causes of action or new legal duties. Specifies that the orders and recommendations are presumed irrelevant to the issue of the existence of a duty or breach of a duty. Prohibits filing a class action lawsuit against a defendant in a civil action allowed by the statute. Specifies that a governmental entity or employee is not liable if a loss results from an act or omission arising from COVID-19 unless the act or omission constitutes gross negligence, willful or wanton misconduct, or intentional misrepresentation. Provides that a person is not liable to a claimant for loss, damage, injury, or death arising from COVID-19 unless the claimant proves that the person caused the loss, damage, injury, or death by an act or omission constituting gross negligence, willful or wanton misconduct, or intentional misrepresentation. Provides immunity from civil liability to certain persons, entities, and facilities providing health care and other services for certain acts or omissions related to the provision of health care services and other services during a state disaster emergency. Extends COVID-19 health care immunity during periods of disaster emergency after February 29, 2020, and before April 1, 2022. Resolves conflicts between SEA 1 and HB 1002.

Bill Text

Bill Activity

  • Signed Signed by the Governor

  • Public Law 166

  • Signed by the President of the Senate

  • Signed by the President Pro Tempore

  • Signed by the Speaker

  • Motion to concur filed

  • House concurred in Senate amendments; Roll Call 443: yeas 58, nays 21

  • Returned to the House with amendments

  • Senator Koch added as cosponsor

  • Passed Third reading: passed; Roll Call 349: yeas 41, nays 9

  • Senator Kruse added as cosponsor

  • Second reading: amended, ordered engrossed

  • Amendment #1 (Brown L) prevailed; voice vote

  • Committee report: amend do pass, adopted

  • First reading: referred to Committee on Judiciary

  • Referred to the Senate

  • Senate sponsors: Senators Messmer, Brown L, Freeman

  • Passed Third reading: passed; Roll Call 23: yeas 76, nays 21

  • Second reading: ordered engrossed

  • Amendment #2 (DeLaney) failed; Roll Call 11: yeas 28, nays 65

  • Committee report: amend do pass, adopted

  • First reading: referred to Committee on Judiciary

  • Authored by Representative Torr

  • Coauthored by Representatives Young J, Jeter, Lehman

Votes

No votes recorded on HB 1002.