Signed by Governor Tate Reeves

Vote Smart's Synopsis:

Vote to concur with house amendments and pass a bill that establishes the "Mississippi Back-to-Business Liability Assurance and Health Care Emergency Response Liability Protection Act" to provide immunity from suit and liability to health care providers and health care facilities that provide care during a state of emergency.

Highlights:

• Defines “person” as an individual, the state and political subdivisions, association, educational entity, for-profit or nonprofit entity, religious organization or charitable organization (Sec. 2).

• Defines “qualified product” as including (Sec. 2):

• Personal protective equipment used to protect the wearer from COVID-19 or the spread of COVID-19;

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

• Medical devices, equipment, or supplies utilized outside of the product's normal use to treat a person with COVID-19 or to prevent the spread of COVID-19; 

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

• Tests to diagnose or determine immunity to COVID-19 which have been approved by or submitted to the United States Food and Drug Administration (FDA) for approval within FDA-prescribed time periods; and 

• Components of qualified products.

• Establishes that a person, or agent of that person, who attempts in good faith to follow applicable public health guidance, is immune from suit for civil damages for any injuries or death resulting from or related to actual or alleged exposure or potential exposure to COVID-19 in the course of or through the performance or provision of its functions or services (Sec. 3).

• Establishes that a person, or agent of that person, is immune from suit for civil damages for injuries or death resulting from or related to actual or alleged exposure or potential exposure to COVID-19 in the course of or through the performance or provision of its functions or services in the time before applicable public health guidance was available (Sec. 3).

• Establishes that an owner, lessee, occupant or any other person in control of a premises, who attempts, in good faith, to follow applicable public health guidance and directly or indirectly invites or permits any person onto a premises, is immune from suit for civil damages for any injuries or death resulting from or related to actual or alleged exposure or potential exposure to COVID-19 (Sec. 3).

• Establishes that any health care professional or health care facility is immune from suit for any injury or death directly or indirectly sustained because of the health care professional's or health care facility's acts or omissions while providing health care services related to a COVID-19 state of emergency (Sec. 4).

• Specifies that the above provision terminates one year after the end of the COVID-19 state of emergency (Sec. 4).

• Establishes that a person who designs, manufactures, labels, sells, distributes, or donates a qualified product in response to COVID-19, is immune from suit for civil damages for any injuries resulting from or related to actual or alleged exposure or potential exposure to COVID-19 caused by a qualified product (Sec. 5).

• Establishes that a person who designs, manufactures, labels, sells, distributes, or donates disinfecting or cleaning supplies or personal protective equipment in response to COVID-19 outside the ordinary course of the person's business, is immune from suit for civil damages for any injuries resulting from or related to actual or alleged exposure or potential exposure to COVID-19 caused by the disinfecting or cleaning supplies or personal protective equipment (Sec. 5).

• Requires a person to bring suit for any alleged injury arising from COVID-19 no later than 2 years after the day the cause of action accrues (Sec. 7).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes the "Mississippi Back-to-Business Liability Assurance and Health Care Emergency Response Liability Protection Act" to provide immunity from suit and liability to health care providers and health care facilities that provide care during a state of emergency.

Highlights:

• Defines “person” as an individual, the state and political subdivisions, association, educational entity, for-profit or nonprofit entity, religious organization or charitable organization (Sec. 2).

• Defines “qualified product” as including (Sec. 2):

• Personal protective equipment used to protect the wearer from COVID-19 or the spread of COVID-19;

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

• Medical devices, equipment, or supplies utilized outside of the product's normal use to treat a person with COVID-19 or to prevent the spread of COVID-19; 

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

• Tests to diagnose or determine immunity to COVID-19 which have been approved by or submitted to the United States Food and Drug Administration (FDA) for approval within FDA-prescribed time periods; and 

• Components of qualified products.

• Establishes that a person, or agent of that person, who attempts in good faith to follow applicable public health guidance, is immune from suit for civil damages for any injuries or death resulting from or related to actual or alleged exposure or potential exposure to COVID-19 in the course of or through the performance or provision of its functions or services (Sec. 3).

• Establishes that a person, or agent of that person, is immune from suit for civil damages for injuries or death resulting from or related to actual or alleged exposure or potential exposure to COVID-19 in the course of or through the performance or provision of its functions or services in the time before applicable public health guidance was available (Sec. 3).

• Establishes that an owner, lessee, occupant or any other person in control of a premises, who attempts, in good faith, to follow applicable public health guidance and directly or indirectly invites or permits any person onto a premises, is immune from suit for civil damages for any injuries or death resulting from or related to actual or alleged exposure or potential exposure to COVID-19 (Sec. 3).

• Establishes that any health care professional or health care facility is immune from suit for any injury or death directly or indirectly sustained because of the health care professional's or health care facility's acts or omissions while providing health care services related to a COVID-19 state of emergency (Sec. 4).

• Specifies that the above provision terminates one year after the end of the COVID-19 state of emergency (Sec. 4).

• Establishes that a person who designs, manufactures, labels, sells, distributes, or donates a qualified product in response to COVID-19, is immune from suit for civil damages for any injuries resulting from or related to actual or alleged exposure or potential exposure to COVID-19 caused by a qualified product (Sec. 5).

• Establishes that a person who designs, manufactures, labels, sells, distributes, or donates disinfecting or cleaning supplies or personal protective equipment in response to COVID-19 outside the ordinary course of the person's business, is immune from suit for civil damages for any injuries resulting from or related to actual or alleged exposure or potential exposure to COVID-19 caused by the disinfecting or cleaning supplies or personal protective equipment (Sec. 5).

• Requires a person to bring suit for any alleged injury arising from COVID-19 no later than 2 years after the day the cause of action accrues (Sec. 7).

Full Bill Text