Signed by Governor Kim Reynolds

Vote Smart's Synopsis:

Vote to concur with house amendments and pass a bill that establishes legal protection to businesses and healthcare providers during the COVID-19 pandemic.

Highlights:

• Specifies that in an action brought to recover damages for personal injury, the damages that may be recovered by a claimant for the reasonable and necessary cost or value of medical care rendered cannot exceed the sum of the amount actually paid by or on behalf of the injured person (Sec. 2).

• Prohibits a person from bringing or maintaining a civil action alleging exposure or potential exposure to COVID-19 unless one of the following applies (Sec. 5):

• The civil action relates to a minimum medical condition;

• The civil action involves an act that was intended to cause harm; or

• The civil action involves an act that constitutes actual malice.

• Defines a “minimum medical condition” as a diagnosis of COVID-19 that requires inpatient hospitalization or results in death (Sec. 4).

• Specifies that a person who possesses or is in control of premises, including a tenant, lessee, or occupant of a premise, who directly or indirectly invites or permits an individual onto the premises, will not be liable for civil damages for any injuries sustained from the individual’s exposure to COVID-19, whether the exposure occurred on the premises or during any activity managed by the person who possesses or is in control of the premises unless any of the following apply to the person in control of the premises (Sec. 6):

• The person who possesses or is in control of the premises recklessly disregards a substantial and unnecessary risk that the individual would be exposed to COVID-19;

• The person who possesses or is in control of the premises exposes the individual to COVID-19 through an act that constitutes actual malice; or

• The person who possesses or is in control of the premises intentionally exposes the individual to COVID-19.

• Prohibits a person from being held liable for civil damages for causing or contributing to the death or injury of an individual as a result of the health care provider’s acts or omissions while providing or arranging health care in support of the state’s response to COVID-19 (Sec. 8).

• Specifies that the above highlight applies to all of the following (Sec. 8):

• Injury or death resulting from screening, assessing, diagnosing, caring for, or treating individuals with a suspected or confirmed case of COVID-19;

• Prescribing, administering, or dispensing a pharmaceutical for off-label use to treat a patient with a suspected or confirmed case of COVID-19;

• Acts or omissions while providing health care to individuals unrelated to COVID-19 when those acts or omissions support the state’s response to COVID-19, including:

• Delaying or canceling non-urgent or elective dental, medical, or surgical procedures, or altering the diagnosis or treatment of an individual in response to any federal or state statute, regulation, order, or public health guidance;

• Diagnosing or treating patients outside the normal scope of the health care provider’s license or practice;

• Using medical devices, equipment, or supplies outside of their normal use for the provision of health care, including using or modifying medical devices, equipment, or supplies for an unapproved use;

• Conducting tests or providing treatment to any individual outside the premises of a health care facility;

• Acts or omissions taken by a health care provider because of a lack of staffing, facilities, medical devices, equipment, supplies, or other resources attributable to COVID-19 that renders the health care provider unable to provide the level or manner of care to any person that otherwise would have been required in the absence of COVID-19; and

• Acts or omissions undertaken by a health care provider relating to use or non-use of personal protective equipment (PPE).

• Specifies that any person who designs, manufactures, labels, sells, distributes, or donates household disinfecting or cleaning supplies, PPE, or a qualified product in response to COVID-19 is not liable in a civil action alleging personal injury, death, or property damage caused by or resulting from the design, manufacturing, labeling, selling distributing, or donating of the supplies (Sec. 9).

• Specifies that the above highlight does not apply in the event in which (Sec. 9):

• The person that designs, manufactures, labels, sells, distributes, or donates household disinfecting or cleaning supplies, PPE, or a qualified product had actual knowledge of a defect in the products and recklessly disregarded a substantial and unnecessary risk that the supplies would cause serious personal injury, death, or serious property damage; or

• The person that designs, manufactures, labels, sells, distributes, or donates household disinfecting or cleaning supplies, PPE, or a qualified product, acted with actual malice.

• Defines a “qualified product” as any of the following (Sec. 4):

• PPE used to protect the wearer from COVID-19 or to prevent the spread of COVID-19;

• Medical devices, equipment, and supplies used to treat COVID-19, including ones that are used or modified for unapproved use to treat or prevent the spread of COVID-19;

• Medical devices, equipment, and supplies used outside of their normal use to treat or prevent the spread of COVID-19;

• Medications used to treat COVD-19, including ones prescribed or dispensed for off-label use to attempt to treat COVID-19; or

• Tests to diagnose or determine immunity to COVID-19.

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes legal protection to businesses and healthcare providers during the COVID-19 pandemic.

Highlights:

• Specifies that in an action brought to recover damages for personal injury, the damages that may be recovered by a claimant for the reasonable and necessary cost or value of medical care rendered cannot exceed the sum of the amount actually paid by or on behalf of the injured person (Sec. 2).

• Prohibits a person from bringing or maintaining a civil action alleging exposure or potential exposure to COVID-19 unless one of the following applies (Sec. 5):

• The civil action relates to a minimum medical condition;

• The civil action involves an act that was intended to cause harm; or

• The civil action involves an act that constitutes actual malice.

• Defines a “minimum medical condition” as a diagnosis of COVID-19 that requires inpatient hospitalization or results in death (Sec. 4).

• Specifies that a person who possesses or is in control of premises, including a tenant, lessee, or occupant of a premise, who directly or indirectly invites or permits an individual onto the premises, will not be liable for civil damages for any injuries sustained from the individual’s exposure to COVID-19, whether the exposure occurred on the premises or during any activity managed by the person who possesses or is in control of the premises unless any of the following apply to the person in control of the premises (Sec. 6):

• The person who possesses or is in control of the premises recklessly disregards a substantial and unnecessary risk that the individual would be exposed to COVID-19;

• The person who possesses or is in control of the premises exposes the individual to COVID-19 through an act that constitutes actual malice; or

• The person who possesses or is in control of the premises intentionally exposes the individual to COVID-19.

• Prohibits a person from being held liable for civil damages for causing or contributing to the death or injury of an individual as a result of the health care provider’s acts or omissions while providing or arranging health care in support of the state’s response to COVID-19 (Sec. 8).

• Specifies that the above highlight applies to all of the following (Sec. 8):

• Injury or death resulting from screening, assessing, diagnosing, caring for, or treating individuals with a suspected or confirmed case of COVID-19;

• Prescribing, administering, or dispensing a pharmaceutical for off-label use to treat a patient with a suspected or confirmed case of COVID-19;

• Acts or omissions while providing health care to individuals unrelated to COVID-19 when those acts or omissions support the state’s response to COVID-19, including:

• Delaying or canceling non-urgent or elective dental, medical, or surgical procedures, or altering the diagnosis or treatment of an individual in response to any federal or state statute, regulation, order, or public health guidance;

• Diagnosing or treating patients outside the normal scope of the health care provider’s license or practice;

• Using medical devices, equipment, or supplies outside of their normal use for the provision of health care, including using or modifying medical devices, equipment, or supplies for an unapproved use;

• Conducting tests or providing treatment to any individual outside the premises of a health care facility;

• Acts or omissions taken by a health care provider because of a lack of staffing, facilities, medical devices, equipment, supplies, or other resources attributable to COVID-19 that renders the health care provider unable to provide the level or manner of care to any person that otherwise would have been required in the absence of COVID-19; and

• Acts or omissions undertaken by a health care provider relating to use or non-use of personal protective equipment (PPE).

• Specifies that any person who designs, manufactures, labels, sells, distributes, or donates household disinfecting or cleaning supplies, PPE, or a qualified product in response to COVID-19 is not liable in a civil action alleging personal injury, death, or property damage caused by or resulting from the design, manufacturing, labeling, selling distributing, or donating of the supplies (Sec. 9).

• Specifies that the above highlight does not apply in the event in which (Sec. 9):

• The person that designs, manufactures, labels, sells, distributes, or donates household disinfecting or cleaning supplies, PPE, or a qualified product had actual knowledge of a defect in the products and recklessly disregarded a substantial and unnecessary risk that the supplies would cause serious personal injury, death, or serious property damage; or

• The person that designs, manufactures, labels, sells, distributes, or donates household disinfecting or cleaning supplies, PPE, or a qualified product, acted with actual malice.

• Defines a “qualified product” as any of the following (Sec. 4):

• PPE used to protect the wearer from COVID-19 or to prevent the spread of COVID-19;

• Medical devices, equipment, and supplies used to treat COVID-19, including ones that are used or modified for unapproved use to treat or prevent the spread of COVID-19;

• Medical devices, equipment, and supplies used outside of their normal use to treat or prevent the spread of COVID-19;

• Medications used to treat COVD-19, including ones prescribed or dispensed for off-label use to attempt to treat COVID-19; or

• Tests to diagnose or determine immunity to COVID-19.

Full Bill Text