Senate File 2338 H-8235 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 18, and 3 inserting: 4 < ___. By striking everything after the enacting clause and 5 inserting: 6 DIVISION I 7 ESSENTIAL WORKERS 8 Sec. ___. Section 85A.3, Code 2020, is amended to read as 9 follows: 10 85A.3 Employees covered. 11 All employees as defined by the workers’ compensation law 12 of Iowa , and as further defined by this section, employed in 13 any business or industrial process hereinafter designated and 14 described and who in the course of their employment are exposed 15 to an occupational disease as herein defined are subject to 16 the provisions of this chapter . For purposes of this section, 17 “employee” means the following individuals, whether engaged by 18 an employer as an employee or independent contractor: 19 1. A worker licensed or certified under chapter 147, 147A, 20 148, 148A, 148C, 149, 151, 152, 153, 154, 154B, 154F, or 155A 21 to provide in this state professional health care service to an 22 individual during that individual’s medical care, treatment, 23 or confinement. 24 2. A worker providing emergency services, including fire 25 fighting, police, ambulance, emergency medical services, or 26 hazardous materials response services. 27 3. A worker providing sanitation services. 28 4. A worker at a business which the state or a political 29 subdivision of the state has determined must remain open to 30 serve the public during the public health disaster emergency 31 proclaimed by the governor on March 17, 2020. 32 5. Any other worker who cannot work remotely during the 33 public health disaster emergency proclaimed by the governor on 34 March 17, 2020. 35 -1- H8173.4116 (3) 88 ja/jh 1/ 8 #1.

Sec. ___. EFFECTIVE DATE. This division of this Act, being 1 deemed of immediate importance, takes effect upon enactment. 2 DIVISION II 3 OCCUPATIONAL DISEASE 4 < Sec. ___. NEW SECTION . 85A.9 Occupational disease —— 5 COVID-19 virus exposure. 6 1. Notwithstanding section 85A.8, an employee, as described 7 in section 85A.3, who contracts the COVID-19 virus and who 8 alleges the employee’s employment has subjected the employee 9 to an increased risk of exposure to the COVID-19 virus is 10 presumed to have an occupational disease arising out of and in 11 the course of employment if the requirements of subsection 2 12 are met. 13 2. An employee is presumed to have an occupational 14 disease arising out of and in the course of employment if the 15 employee’s contraction of the COVID-19 virus is confirmed by 16 a positive laboratory test or, if a laboratory test is not 17 available for the employee, as diagnosed and documented by the 18 employee’s licensed physician, licensed physician assistant, or 19 licensed advanced registered nurse practitioner based upon the 20 employee’s symptoms. The employee shall provide a copy of the 21 positive laboratory test or the written documentation of the 22 diagnosis to the employer or the employer’s insurance carrier. 23 3. If the employee has met the requirements of subsections 24 1 and 2, the presumption that the employee has an occupational 25 disease arising out of and in the course of employment shall 26 only be rebutted upon proof by the employer or the employer’s 27 insurance carrier that the employment did not pose an increased 28 risk of exposure to the employee and that the employee’s 29 disease was caused by a nonoccupational exposure to the 30 COVID-19 virus. 31 4. The date of injury for an employee who has contracted 32 the COVID-19 virus under this section shall be the date that 33 the employee was first unable to work due to symptoms of the 34 COVID-19 virus, or the date the employee was first informed, 35 -2- H8173.4116 (3) 88 ja/jh 2/ 8

through a positive laboratory test or diagnosis, that the 1 employee contracted the COVID-19 virus, whichever occurred 2 first. 3 5. An employee who has contracted the COVID-19 virus but 4 who is not entitled to the presumption provided under this 5 section is not precluded from claiming an occupational disease 6 as otherwise provided for in this chapter or from claiming a 7 personal injury. 8 6. The commissioner shall provide a detailed report on 9 workers’ compensation claims due to the COVID-19 virus under 10 this section to the workers’ compensation advisory committee 11 and the chairpersons and ranking members of the senate standing 12 committee on labor and business relations and the house 13 standing committee on labor by January 15, 2021. 14 Sec. ___. EFFECTIVE DATE. This division of this Act, being 15 deemed of immediate importance, takes effect upon enactment. 16 Sec. ___. APPLICABILITY. This division of this Act applies 17 to employees, as described in section 85A.3, who contract the 18 COVID-19 virus on or after the effective date of this Act. 19 DIVISION III 20 COVID-19 RELATED LIABILITY 21 Sec. ___. NEW SECTION . 686D.1 Short title. 22 This chapter shall be known and may be cited as the 23 “COVID-19 Response, Back to Business, Worker Protection, 24 Patient Protection, and Nursing Home Resident Protection Limited 25 Liability Act” . 26 Sec. ___. NEW SECTION . 686D.2 Definitions. 27 When used in this chapter, unless the context otherwise 28 requires: 29 1. “COVID-19” means the novel coronavirus identified 30 as SARS-CoV-2, the disease caused by the novel coronavirus 31 SARS-CoV-2 or a virus mutating therefrom, and conditions 32 associated with the disease caused by the novel coronavirus 33 SARS-CoV-2 or a virus mutating therefrom. 34 2. “Disinfecting or cleaning supplies” means and includes 35 -3- H8173.4116 (3) 88 ja/jh 3/ 8

hand sanitizers, disinfectants, sprays, and wipes. 1 3. “Health care facility” means and includes all of the 2 following: 3 a. A facility as defined in section 514J.102. 4 b. A facility licensed pursuant to chapter 135B. 5 c. A facility licensed pursuant to chapter 135C. 6 d. Residential care facilities, nursing facilities, 7 intermediate care facilities for persons with mental illness, 8 intermediate care facilities for persons with intellectual 9 disabilities, hospice programs, elder group homes, and assisted 10 living programs. 11 4. “Health care professional” means physicians and other 12 health care practitioners who are licensed, certified, or 13 otherwise authorized or permitted by the laws of this state 14 to administer health care services in the ordinary course 15 of business or in the practice of a profession, whether 16 paid or unpaid, including persons engaged in telemedicine or 17 telehealth. “Health care professional” includes the employer or 18 agent of a health care professional who provides or arranges 19 health care. 20 5. “Health care provider” means and includes a health care 21 professional, health care facility, home health care facility, 22 and any other person or facility otherwise authorized or 23 permitted by any federal or state statute, regulation, order, 24 or public health guidance to administer health care services 25 or treatment. 26 6. “Health care services” means services for the diagnosis, 27 prevention, treatment, care, cure, or relief of a health 28 condition, illness, injury, or disease. 29 7. “Minimum medical condition” means a diagnosis of 30 COVID-19. 31 8. “Person” means the same as defined in section 4.1. 32 “Person” includes an agent of a person. 33 9. “Personal protective equipment” means and includes 34 protective clothing, gloves, face shields, goggles, facemasks, 35 -4- H8173.4116 (3) 88 ja/jh 4/ 8

respirators, gowns, aprons, coveralls, and other equipment 1 designed to protect the wearer from injury or the spread of 2 infection or illness. 3 10. “Premises” means and includes any real property and 4 any appurtenant building or structure serving a commercial, 5 residential, educational, religious, governmental, cultural, 6 charitable, or health care purpose. 7 11. “Public health guidance” means and includes written 8 guidance related to COVID-19 issued by any of the following: 9 a. The centers for disease control and prevention of the 10 federal department of health and human services. 11 b. The centers for Medicare and Medicaid services of the 12 federal department of health and human services. 13 c. The federal occupational safety and health 14 administration. 15 d. The office of the governor. 16 e. Any state agency, including the department of public 17 health. 18 12. “Qualified product” means and includes all of the 19 following: 20 a. Personal protective equipment used to protect the wearer 21 from COVID-19 or to prevent the spread of COVID-19. 22 b. Medical devices, equipment, and supplies used to treat 23 COVID-19, including medical devices, equipment, or supplies 24 that are used or modified for an unapproved use to treat 25 COVID-19 or to prevent the spread of COVID-19. 26 c. Medical devices, equipment, and supplies used outside of 27 their normal use to treat COVID-19 or to prevent the spread of 28 COVID-19. 29 d. Medications used to treat COVID-19, including medications 30 prescribed or dispensed for off-label use to attempt to treat 31 COVID-19. 32 e. Tests to diagnose or determine immunity to COVID-19. 33 f. Any component of an item described in paragraphs “a” 34 through “e” . 35 -5- H8173.4116 (3) 88 ja/jh 5/ 8

Sec. ___. NEW SECTION . 686D.3 Civil actions alleging 1 COVID-19 exposure. 2 A person shall not bring or maintain a civil action alleging 3 exposure or potential exposure to COVID-19 unless one of the 4 following applies: 5 1. The civil action relates to a minimum medical condition. 6 2. The civil action involves an act that was intended to 7 cause harm. 8 3. The civil action involves an act that constitutes actual 9 malice. 10 Sec. ___. NEW SECTION . 686D.4 Premises owner’s duty of care 11 —— limited liability. 12 A person who possesses or is in control of a premises, 13 including a tenant, lessee, or occupant of a premises, who 14 directly or indirectly invites or permits an individual onto 15 a premises, shall not be liable for civil damages for any 16 injuries sustained from the individual’s exposure to COVID-19, 17 whether the exposure occurs on the premises or during any 18 activity managed by the person who possesses or is in control 19 of a premises, if the person qualifies for the protection 20 afforded by section 686D.5. 21 Sec. ___. NEW SECTION . 686D.5 Safe harbor for compliance 22 with regulations, executive orders, or public health guidance. 23 A person in this state shall not be held liable for civil 24 damages for any injuries sustained from exposure or potential 25 exposure to COVID-19 if the act or omission alleged to violate 26 a duty of care was in substantial compliance or was consistent 27 with any federal or state statute, regulation, order, or public 28 health guidance related to COVID-19 that was applicable to the 29 person or activity at issue at the time of the alleged exposure 30 or potential exposure. 31 Sec. ___. NEW SECTION . 686D.6 Liability of health care 32 providers. 33 A health care provider that qualifies for the protection 34 afforded by section 686D.5 shall not be liable for civil 35 -6- H8173.4116 (3) 88 ja/jh 6/ 8

damages for causing or contributing, directly or indirectly, to 1 the death or injury of an individual as a result of the health 2 care provider’s acts or omissions while providing or arranging 3 health care in support of the state’s response to COVID-19. 4 This section shall apply to all of the following: 5 1. Injury or death resulting from screening, assessing, 6 diagnosing, caring for, or treating individuals with a 7 suspected or confirmed case of COVID-19. 8 2. Prescribing, administering, or dispensing a 9 pharmaceutical for off-label use to treat a patient with a 10 suspected or confirmed case of COVID-19. 11 3. Acts or omissions while providing health care to 12 individuals unrelated to COVID-19 when those acts or omissions 13 support the state’s response to COVID-19, including any of the 14 following: 15 a. Delaying or canceling nonurgent or elective dental, 16 medical, or surgical procedures, or altering the diagnosis or 17 treatment of an individual in response to any federal or state 18 statute, regulation, order, or public health guidance. 19 b. Diagnosing or treating patients outside the normal scope 20 of the health care provider’s license or practice. 21 c. Using medical devices, equipment, or supplies outside of 22 their normal use for the provision of health care, including 23 using or modifying medical devices, equipment, or supplies for 24 an unapproved use. 25 d. Conducting tests or providing treatment to any individual 26 outside the premises of a health care facility. 27 Sec. ___. NEW SECTION . 686D.7 Supplies, equipment, and 28 products designed, manufactured, labeled, sold, distributed, and 29 donated in response to COVID-19. 30 1. Any person that qualifies for the protection afforded 31 by section 686D.5 that designs, manufactures, labels, sells, 32 distributes, or donates household disinfecting or cleaning 33 supplies, personal protective equipment, or a qualified product 34 in response to COVID-19 shall not be liable in a civil action 35 -7- H8173.4116 (3) 88 ja/jh 7/ 8

alleging personal injury, death, or property damage caused by 1 or resulting from the design, manufacturing, labeling, selling, 2 distributing, or donating of the household disinfecting 3 or cleaning supplies, personal protective equipment, or a 4 qualified product. 5 2. Any person that designs, manufactures, labels, sells, 6 distributes, or donates household disinfecting or cleaning 7 supplies, personal protective equipment, or a qualified product 8 in response to COVID-19 shall not be liable in a civil action 9 alleging personal injury, death, or property damage caused by 10 or resulting from a failure to provide proper instructions or 11 sufficient warnings. 12 Sec. ___. NEW SECTION . 686D.8 Construction. 13 This chapter shall not be construed to affect the rights or 14 limits under workers’ compensation as provided in chapter 85, 15 85A, or 85B. 16 Sec. ___. NEW SECTION . 686D.9 Repeal. 17 This chapter is repealed December 31, 2022. 18 Sec. ___. RETROACTIVE APPLICABILITY. This division of this 19 Act applies retroactively to January 1, 2020. > 20 2. Title page, by striking lines 1 through 4 and 21 inserting < An Act relating to COVID-19, including workers’ 22 compensation claims arising from COVID-19, civil actions 23 related to COVID-19, and including effective date provisions, 24 applicability provisions, and retroactive applicability 25 provisions. > 26 ______________________________ OURTH of Warren -8- H8173.4116 (3) 88 ja/jh 8/ 8 #2.