Senate File 2338 H-8216 Amend the amendment, H-8173, to Senate File 2338, as passed 1 by the Senate, as follows: 2 1. By striking page 1, line 2, through page 7, line 9, and 3 inserting: 4 < ___. Page 1, by striking lines 1 through 14 and inserting: 5 < DIVISION ___ 6 EVIDENCE OF MEDICAL EXPENSES AND RECOVERABLE DAMAGES FOR 7 MEDICAL EXPENSES > 8 ___. Page 2, after line 5 by inserting: 9 < DIVISION ___ 10 COVID-19 RELATED LIABILITY 11 Sec. ___. NEW SECTION . 686D.1 Short title. 12 This chapter shall be known and may be cited as the 13 “COVID-19 Response, Back to Business, Employer Protection, 14 Worker Protection, Patient Protection, and Nursing Home Resident 15 Protection Limited Liability Act” . 16 Sec. ___. NEW SECTION . 686D.2 Definitions. 17 When used in this chapter, unless the context otherwise 18 requires: 19 1. “COVID-19” means the novel coronavirus identified 20 as SARS-CoV-2, the disease caused by the novel coronavirus 21 SARS-CoV-2 or a virus mutating therefrom, and conditions 22 associated with the disease caused by the novel coronavirus 23 SARS-CoV-2 or a virus mutating therefrom. 24 2. “Disinfecting or cleaning supplies” means and includes 25 hand sanitizers, disinfectants, sprays, and wipes. 26 3. “Health care facility” means and includes all of the 27 following: 28 a. A facility as defined in section 514J.102. 29 b. A facility licensed pursuant to chapter 135B. 30 c. A facility licensed pursuant to chapter 135C. 31 d. Residential care facilities, nursing facilities, 32 intermediate care facilities for persons with mental illness, 33 intermediate care facilities for persons with intellectual 34 disabilities, hospice programs, elder group homes, and assisted 35 -1- H8173.4086 (2) 88 ja/jh 1/ 6 #1.

living programs. 1 4. “Health care professional” means physicians and other 2 health care practitioners who are licensed, certified, or 3 otherwise authorized or permitted by the laws of this state 4 to administer health care services in the ordinary course 5 of business or in the practice of a profession, whether 6 paid or unpaid, including persons engaged in telemedicine or 7 telehealth. “Health care professional” includes the employer or 8 agent of a health care professional who provides or arranges 9 health care. 10 5. “Health care provider” means and includes a health care 11 professional, health care facility, home health care facility, 12 and any other person or facility otherwise authorized or 13 permitted by any federal or state statute, regulation, order, 14 or public health guidance to administer health care services 15 or treatment. 16 6. “Health care services” means services for the diagnosis, 17 prevention, treatment, care, cure, or relief of a health 18 condition, illness, injury, or disease. 19 7. “Minimum medical condition” means a diagnosis of 20 COVID-19. 21 8. “Person” means the same as defined in section 4.1. 22 “Person” includes an agent of a person. 23 9. “Personal protective equipment” means and includes 24 protective clothing, gloves, face shields, goggles, facemasks, 25 respirators, gowns, aprons, coveralls, and other equipment 26 designed to protect the wearer from injury or the spread of 27 infection or illness. 28 10. “Premises” means and includes any real property and 29 any appurtenant building or structure serving a commercial, 30 residential, educational, religious, governmental, cultural, 31 charitable, or health care purpose. 32 11. “Public health guidance” means and includes written 33 guidance related to COVID-19 issued by any of the following: 34 a. The centers for disease control and prevention of the 35 -2- H8173.4086 (2) 88 ja/jh 2/ 6

federal department of health and human services. 1 b. The centers for Medicare and Medicaid services of the 2 federal department of health and human services. 3 c. The federal occupational safety and health 4 administration. 5 d. The office of the governor. 6 e. Any state agency, including the department of public 7 health. 8 12. “Qualified product” means and includes all of the 9 following: 10 a. Personal protective equipment used to protect the wearer 11 from COVID-19 or to prevent the spread of COVID-19. 12 b. Medical devices, equipment, and supplies used to treat 13 COVID-19, including medical devices, equipment, or supplies 14 that are used or modified for an unapproved use to treat 15 COVID-19 or to prevent the spread of COVID-19. 16 c. Medical devices, equipment, and supplies used outside of 17 their normal use to treat COVID-19 or to prevent the spread of 18 COVID-19. 19 d. Medications used to treat COVID-19, including medications 20 prescribed or dispensed for off-label use to attempt to treat 21 COVID-19. 22 e. Tests to diagnose or determine immunity to COVID-19. 23 f. Any component of an item described in paragraphs “a” 24 through “e” . 25 Sec. ___. NEW SECTION . 686D.3 Civil actions alleging 26 COVID-19 exposure. 27 A person shall not bring or maintain a civil action alleging 28 exposure or potential exposure to COVID-19 unless one of the 29 following applies: 30 1. The civil action relates to a minimum medical condition. 31 2. The civil action involves an act that was intended to 32 cause harm. 33 3. The civil action involves an act that constitutes actual 34 malice. 35 -3- H8173.4086 (2) 88 ja/jh 3/ 6

Sec. ___. NEW SECTION . 686D.4 Premises owner’s duty of care 1 —— limited liability. 2 A person who possesses or is in control of a premises, 3 including a tenant, lessee, or occupant of a premises, who 4 directly or indirectly invites or permits an individual onto 5 a premises, shall not be liable for civil damages for any 6 injuries sustained from the individual’s exposure to COVID-19, 7 whether the exposure occurs on the premises or during any 8 activity managed by the person who possesses or is in control 9 of a premises, if the person qualifies for the protection 10 afforded by section 686D.5. 11 Sec. ___. NEW SECTION . 686D.5 Safe harbor for compliance 12 with regulations, executive orders, or public health guidance. 13 A person in this state shall not be held liable for civil 14 damages for any injuries sustained from exposure or potential 15 exposure to COVID-19 if the act or omission alleged to violate 16 a duty of care was in substantial compliance or was consistent 17 with any federal or state statute, regulation, order, or public 18 health guidance related to COVID-19 that was applicable to the 19 person or activity at issue at the time of the alleged exposure 20 or potential exposure. 21 Sec. ___. NEW SECTION . 686D.6 Liability of health care 22 providers. 23 A health care provider that qualifies for the protection 24 afforded by section 686D.5 shall not be liable for civil 25 damages for causing or contributing, directly or indirectly, to 26 the death or injury of an individual as a result of the health 27 care provider’s acts or omissions while providing or arranging 28 health care in support of the state’s response to COVID-19. 29 This section shall apply to all of the following: 30 1. Injury or death resulting from screening, assessing, 31 diagnosing, caring for, or treating individuals with a 32 suspected or confirmed case of COVID-19. 33 2. Prescribing, administering, or dispensing a 34 pharmaceutical for off-label use to treat a patient with a 35 -4- H8173.4086 (2) 88 ja/jh 4/ 6

suspected or confirmed case of COVID-19. 1 3. Acts or omissions while providing health care to 2 individuals unrelated to COVID-19 when those acts or omissions 3 support the state’s response to COVID-19, including any of the 4 following: 5 a. Delaying or canceling nonurgent or elective dental, 6 medical, or surgical procedures, or altering the diagnosis or 7 treatment of an individual in response to any federal or state 8 statute, regulation, order, or public health guidance. 9 b. Diagnosing or treating patients outside the normal scope 10 of the health care provider’s license or practice. 11 c. Using medical devices, equipment, or supplies outside of 12 their normal use for the provision of health care, including 13 using or modifying medical devices, equipment, or supplies for 14 an unapproved use. 15 d. Conducting tests or providing treatment to any individual 16 outside the premises of a health care facility. 17 Sec. ___. NEW SECTION . 686D.7 Supplies, equipment, and 18 products designed, manufactured, labeled, sold, distributed, and 19 donated in response to COVID-19. 20 1. Any person that qualifies for the protection afforded 21 by section 686D.5 that designs, manufactures, labels, sells, 22 distributes, or donates household disinfecting or cleaning 23 supplies, personal protective equipment, or a qualified product 24 in response to COVID-19 shall not be liable in a civil action 25 alleging personal injury, death, or property damage caused by 26 or resulting from the design, manufacturing, labeling, selling, 27 distributing, or donating of the household disinfecting 28 or cleaning supplies, personal protective equipment, or a 29 qualified product. 30 2. Any person that designs, manufactures, labels, sells, 31 distributes, or donates household disinfecting or cleaning 32 supplies, personal protective equipment, or a qualified product 33 in response to COVID-19 shall not be liable in a civil action 34 alleging personal injury, death, or property damage caused by 35 -5- H8173.4086 (2) 88 ja/jh 5/ 6

or resulting from a failure to provide proper instructions or 1 sufficient warnings. 2 Sec. ___. NEW SECTION . 686D.8 Construction. 3 This chapter shall not be construed to affect the rights or 4 limits under workers’ compensation as provided in chapter 85, 5 85A, or 85B. 6 Sec. ___. NEW SECTION . 686D.9 Repeal. 7 This chapter is repealed December 31, 2022. >> 8 ______________________________ MEYER of Polk -6- H8173.4086 (2) 88 ja/jh 6/ 6