Vote Smart's Synopsis:

Vote to pass a bill that establishes COVID-19 liability protections for businesses and hospitals that transmit the virus.

Highlights:

• Prohibits a health care provider that provides as a result of or in response to a disaster emergency from being subject to professional disciplinary action and is not liable in damages to any individual or government agency in a tort action for injury, death, or loss to a person (Sec. 1):

• Health care services, 

• Emergency medical services, 

• First-aid treatment, or 

• The provision of any medication or medical equipment.

• Defines “tort action” as a civil action for damages from injury, death, or loss to a person or property, including claims arising under resident or patient bills of rights and contractual claims arising out statutory or regulatory requirements applicable to health care providers (Sec. 1).

• Prohibits immunity from tort or other civil liability or professional disciplinary action to a health care provider for actions that are outside the skills, education, and training for the health care provider, unless the health care provider undertakes the action in good faith and in response to a lack of resources by a disaster emergency (Sec. 1).

• Prohibits any civil action for damages for injury, death, or loss to a person or property from being brought against any individual that is claimed to of been caused by exposure to, or the transmission or contraction of, MERS-CoV, SARS-CoV, or SARS-CoV-2 or a mutation thereof, unless it is established that exposure to, or the transmission or contraction of, any of those viruses or mutations was by reckless conduct or intentional misconduct (Sec. 2).

• Defines “MERS-CoV” as the coronavirus that causes middle east respiratory syndrome, “SARS-CoV” as the coronavirus that causes severe acute respiratory syndrome, “SARS-CoV-2” as the novel coronavirus that causes the coronavirus disease 2019 (COVID-19), and “Reckless conduct” as conduct that disregards the substantial and unjustifiable risk that the individuals conduct is likely cause exposure to the aforementioned diseases (Sec. 2).

• Specifies that nothing in the health emergency or past opinions of the Ohio Supreme Court deals with protecting the public or ensuring that they will not be exposed to the COVID-19 airborne virus upon a business premise (Sec. 2).

• Specifies that this act applies to acts, omissions, conduct decisions, or compliance from state of the Governor’s Exectutive order issued on March 9, 2020, declaring a state of emergency due to COVID-19 through September 30, 2021 (Sec. 4).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes COVID-19 liability protections for businesses and hospitals that transmit the virus.

Highlights:

• Prohibits a health care provider that provides as a result of or in response to a disaster emergency from being subject to professional disciplinary action and is not liable in damages to any individual or government agency in a tort action for injury, death, or loss to a person (Sec. 1):

• Health care services, 

• Emergency medical services, 

• First-aid treatment, or 

• The provision of any medication or medical equipment.

• Defines “tort action” as a civil action for damages from injury, death, or loss to a person or property, including claims arising under resident or patient bills of rights and contractual claims arising out statutory or regulatory requirements applicable to health care providers (Sec. 1).

• Prohibits immunity from tort or other civil liability or professional disciplinary action to a health care provider for actions that are outside the skills, education, and training for the health care provider, unless the health care provider undertakes the action in good faith and in response to a lack of resources by a disaster emergency (Sec. 1).

• Prohibits any civil action for damages for injury, death, or loss to a person or property from being brought against any individual that is claimed to of been caused by exposure to, or the transmission or contraction of, MERS-CoV, SARS-CoV, or SARS-CoV-2 or a mutation thereof, unless it is established that exposure to, or the transmission or contraction of, any of those viruses or mutations was by reckless conduct or intentional misconduct (Sec. 2).

• Defines “MERS-CoV” as the coronavirus that causes middle east respiratory syndrome, “SARS-CoV” as the coronavirus that causes severe acute respiratory syndrome, “SARS-CoV-2” as the novel coronavirus that causes the coronavirus disease 2019 (COVID-19), and “Reckless conduct” as conduct that disregards the substantial and unjustifiable risk that the individuals conduct is likely cause exposure to the aforementioned diseases (Sec. 2).

• Specifies that nothing in the health emergency or past opinions of the Ohio Supreme Court deals with protecting the public or ensuring that they will not be exposed to the COVID-19 airborne virus upon a business premise (Sec. 2).

• Specifies that this act applies to acts, omissions, conduct decisions, or compliance from state of the Governor’s Exectutive order issued on March 9, 2020, declaring a state of emergency due to COVID-19 through September 30, 2021 (Sec. 4).

Full Bill Text