House
Amendment
to
Senate
File
2338
S-5111
Amend
Senate
File
2338,
as
passed
by
the
Senate,
as
follows:
1
1.
Page
1,
by
striking
lines
1
through
14
and
inserting:
2
<
DIVISION
I
3
EVIDENCE
OF
MEDICAL
EXPENSES
AND
RECOVERABLE
DAMAGES
FOR
4
MEDICAL
EXPENSES
>
5
2.
Page
2,
after
line
5
by
inserting:
6
<
DIVISION
___
7
COVID-19-RELATED
LIABILITY
8
Sec.
___.
NEW
SECTION
.
686D.1
Short
title.
9
This
chapter
shall
be
known
and
may
be
cited
as
the
“COVID-19
10
Response
and
Back-to-Business
Limited
Liability
Act”
.
11
Sec.
___.
NEW
SECTION
.
686D.2
Definitions.
12
When
used
in
this
chapter,
unless
the
context
otherwise
13
requires:
14
1.
“COVID-19”
means
the
novel
coronavirus
identified
15
as
SARS-CoV-2,
the
disease
caused
by
the
novel
coronavirus
16
SARS-CoV-2
or
a
virus
mutating
therefrom,
and
conditions
17
associated
with
the
disease
caused
by
the
novel
coronavirus
18
SARS-CoV-2
or
a
virus
mutating
therefrom.
19
2.
“Disinfecting
or
cleaning
supplies”
means
and
includes
20
hand
sanitizers,
disinfectants,
sprays,
and
wipes.
21
3.
“Health
care
facility”
means
and
includes
all
of
the
22
following:
23
a.
A
facility
as
defined
in
section
514J.102.
24
b.
A
facility
licensed
pursuant
to
chapter
135B.
25
c.
A
facility
licensed
pursuant
to
chapter
135C.
26
d.
Residential
care
facilities,
nursing
facilities,
27
intermediate
care
facilities
for
persons
with
mental
illness,
28
intermediate
care
facilities
for
persons
with
intellectual
29
disabilities,
hospice
programs,
elder
group
homes,
and
assisted
30
living
programs.
31
4.
“Health
care
professional”
means
physicians
and
other
32
health
care
practitioners
who
are
licensed,
certified,
or
33
otherwise
authorized
or
permitted
by
the
laws
of
this
state
34
to
administer
health
care
services
in
the
ordinary
course
35
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#1.
#2.
of
business
or
in
the
practice
of
a
profession,
whether
1
paid
or
unpaid,
including
persons
engaged
in
telemedicine
or
2
telehealth.
“Health
care
professional”
includes
the
employer
or
3
agent
of
a
health
care
professional
who
provides
or
arranges
4
health
care.
5
5.
“Health
care
provider”
means
and
includes
a
health
care
6
professional,
health
care
facility,
home
health
care
facility,
7
and
any
other
person
or
facility
otherwise
authorized
or
8
permitted
by
any
federal
or
state
statute,
regulation,
order,
9
or
public
health
guidance
to
administer
health
care
services
10
or
treatment.
11
6.
“Health
care
services”
means
services
for
the
diagnosis,
12
prevention,
treatment,
care,
cure,
or
relief
of
a
health
13
condition,
illness,
injury,
or
disease.
14
7.
“Minimum
medical
condition”
means
a
diagnosis
of
COVID-19
15
that
requires
inpatient
hospitalization
or
results
in
death.
16
8.
“Person”
means
the
same
as
defined
in
section
4.1.
17
“Person”
includes
an
agent
of
a
person.
18
9.
“Personal
protective
equipment”
means
and
includes
19
protective
clothing,
gloves,
face
shields,
goggles,
facemasks,
20
respirators,
gowns,
aprons,
coveralls,
and
other
equipment
21
designed
to
protect
the
wearer
from
injury
or
the
spread
of
22
infection
or
illness.
23
10.
“Premises”
means
and
includes
any
real
property
and
24
any
appurtenant
building
or
structure
serving
a
commercial,
25
residential,
educational,
religious,
governmental,
cultural,
26
charitable,
or
health
care
purpose.
27
11.
“Public
health
guidance”
means
and
includes
written
28
guidance
related
to
COVID-19
issued
by
any
of
the
following:
29
a.
The
centers
for
disease
control
and
prevention
of
the
30
federal
department
of
health
and
human
services.
31
b.
The
centers
for
Medicare
and
Medicaid
services
of
the
32
federal
department
of
health
and
human
services.
33
c.
The
federal
occupational
safety
and
health
34
administration.
35
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d.
The
office
of
the
governor.
1
e.
Any
state
agency,
including
the
department
of
public
2
health.
3
12.
“Qualified
product”
means
and
includes
all
of
the
4
following:
5
a.
Personal
protective
equipment
used
to
protect
the
wearer
6
from
COVID-19
or
to
prevent
the
spread
of
COVID-19.
7
b.
Medical
devices,
equipment,
and
supplies
used
to
treat
8
COVID-19,
including
medical
devices,
equipment,
or
supplies
9
that
are
used
or
modified
for
an
unapproved
use
to
treat
10
COVID-19
or
to
prevent
the
spread
of
COVID-19.
11
c.
Medical
devices,
equipment,
and
supplies
used
outside
of
12
their
normal
use
to
treat
COVID-19
or
to
prevent
the
spread
of
13
COVID-19.
14
d.
Medications
used
to
treat
COVID-19,
including
medications
15
prescribed
or
dispensed
for
off-label
use
to
attempt
to
treat
16
COVID-19.
17
e.
Tests
to
diagnose
or
determine
immunity
to
COVID-19.
18
f.
Any
component
of
an
item
described
in
paragraphs
“a”
19
through
“e”
.
20
Sec.
___.
NEW
SECTION
.
686D.3
Actual
injury
requirement
in
21
civil
actions
alleging
COVID-19
exposure.
22
A
person
shall
not
bring
or
maintain
a
civil
action
alleging
23
exposure
or
potential
exposure
to
COVID-19
unless
one
of
the
24
following
applies:
25
1.
The
civil
action
relates
to
a
minimum
medical
condition.
26
2.
The
civil
action
involves
an
act
that
was
intended
to
27
cause
harm.
28
3.
The
civil
action
involves
an
act
that
constitutes
actual
29
malice.
30
Sec.
___.
NEW
SECTION
.
686D.4
Premises
owner’s
duty
of
care
31
——
limited
liability.
32
A
person
who
possesses
or
is
in
control
of
a
premises,
33
including
a
tenant,
lessee,
or
occupant
of
a
premises,
who
34
directly
or
indirectly
invites
or
permits
an
individual
onto
35
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a
premises,
shall
not
be
liable
for
civil
damages
for
any
1
injuries
sustained
from
the
individual’s
exposure
to
COVID-19,
2
whether
the
exposure
occurs
on
the
premises
or
during
any
3
activity
managed
by
the
person
who
possesses
or
is
in
control
4
of
a
premises,
unless
any
of
the
following
apply
to
the
person
5
who
possesses
or
is
in
control
of
the
premises:
6
1.
The
person
who
possesses
or
is
in
control
of
the
premises
7
recklessly
disregards
a
substantial
and
unnecessary
risk
that
8
the
individual
would
be
exposed
to
COVID-19.
9
2.
The
person
who
possesses
or
is
in
control
of
the
10
premises
exposes
the
individual
to
COVID-19
through
an
act
that
11
constitutes
actual
malice.
12
3.
The
person
who
possesses
or
is
in
control
of
the
premises
13
intentionally
exposes
the
individual
to
COVID-19.
14
Sec.
___.
NEW
SECTION
.
686D.5
Safe
harbor
for
compliance
15
with
regulations,
executive
orders,
or
public
health
guidance.
16
A
person
in
this
state
shall
not
be
held
liable
for
civil
17
damages
for
any
injuries
sustained
from
exposure
or
potential
18
exposure
to
COVID-19
if
the
act
or
omission
alleged
to
violate
19
a
duty
of
care
was
in
substantial
compliance
or
was
consistent
20
with
any
federal
or
state
statute,
regulation,
order,
or
public
21
health
guidance
related
to
COVID-19
that
was
applicable
to
the
22
person
or
activity
at
issue
at
the
time
of
the
alleged
exposure
23
or
potential
exposure.
24
Sec.
___.
NEW
SECTION
.
686D.6
Liability
of
health
care
25
providers.
26
1.
A
health
care
provider
shall
not
be
liable
for
civil
27
damages
for
causing
or
contributing,
directly
or
indirectly,
to
28
the
death
or
injury
of
an
individual
as
a
result
of
the
health
29
care
provider’s
acts
or
omissions
while
providing
or
arranging
30
health
care
in
support
of
the
state’s
response
to
COVID-19.
31
This
subsection
shall
apply
to
all
of
the
following:
32
a.
Injury
or
death
resulting
from
screening,
assessing,
33
diagnosing,
caring
for,
or
treating
individuals
with
a
34
suspected
or
confirmed
case
of
COVID-19.
35
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b.
Prescribing,
administering,
or
dispensing
a
1
pharmaceutical
for
off-label
use
to
treat
a
patient
with
a
2
suspected
or
confirmed
case
of
COVID-19.
3
c.
Acts
or
omissions
while
providing
health
care
to
4
individuals
unrelated
to
COVID-19
when
those
acts
or
omissions
5
support
the
state’s
response
to
COVID-19,
including
any
of
the
6
following:
7
(1)
Delaying
or
canceling
nonurgent
or
elective
dental,
8
medical,
or
surgical
procedures,
or
altering
the
diagnosis
or
9
treatment
of
an
individual
in
response
to
any
federal
or
state
10
statute,
regulation,
order,
or
public
health
guidance.
11
(2)
Diagnosing
or
treating
patients
outside
the
normal
12
scope
of
the
health
care
provider’s
license
or
practice.
13
(3)
Using
medical
devices,
equipment,
or
supplies
outside
14
of
their
normal
use
for
the
provision
of
health
care,
including
15
using
or
modifying
medical
devices,
equipment,
or
supplies
for
16
an
unapproved
use.
17
(4)
Conducting
tests
or
providing
treatment
to
any
18
individual
outside
the
premises
of
a
health
care
facility.
19
(5)
Acts
or
omissions
undertaken
by
a
health
care
provider
20
because
of
a
lack
of
staffing,
facilities,
medical
devices,
21
equipment,
supplies,
or
other
resources
attributable
to
22
COVID-19
that
renders
the
health
care
provider
unable
to
23
provide
the
level
or
manner
of
care
to
any
person
that
24
otherwise
would
have
been
required
in
the
absence
of
COVID-19.
25
(6)
Acts
or
omissions
undertaken
by
a
health
care
provider
26
relating
to
use
or
nonuse
of
personal
protective
equipment.
27
2.
This
section
shall
not
relieve
any
person
of
liability
28
for
civil
damages
for
any
act
or
omission
which
constitutes
29
recklessness
or
willful
misconduct.
30
Sec.
___.
NEW
SECTION
.
686D.7
Supplies,
equipment,
and
31
products
designed,
manufactured,
labeled,
sold,
distributed,
and
32
donated
in
response
to
COVID-19.
33
1.
Any
person
that
designs,
manufactures,
labels,
sells,
34
distributes,
or
donates
household
disinfecting
or
cleaning
35
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supplies,
personal
protective
equipment,
or
a
qualified
product
1
in
response
to
COVID-19
shall
not
be
liable
in
a
civil
action
2
alleging
personal
injury,
death,
or
property
damage
caused
by
3
or
resulting
from
the
design,
manufacturing,
labeling,
selling,
4
distributing,
or
donating
of
the
household
disinfecting
5
or
cleaning
supplies,
personal
protective
equipment,
or
a
6
qualified
product.
7
2.
Any
person
that
designs,
manufactures,
labels,
sells,
8
distributes,
or
donates
household
disinfecting
or
cleaning
9
supplies,
personal
protective
equipment,
or
a
qualified
product
10
in
response
to
COVID-19
shall
not
be
liable
in
a
civil
action
11
alleging
personal
injury,
death,
or
property
damage
caused
by
12
or
resulting
from
a
failure
to
provide
proper
instructions
or
13
sufficient
warnings.
14
3.
This
section
shall
not
apply
in
the
event
of
any
of
the
15
following:
16
a.
The
person
that
designs,
manufactures,
labels,
sells,
17
distributes,
or
donates
household
disinfecting
or
cleaning
18
supplies,
personal
protective
equipment,
or
a
qualified
19
product
had
actual
knowledge
of
a
defect
in
the
household
20
disinfecting
or
cleaning
supplies,
personal
protective
21
equipment,
or
a
qualified
product
when
put
to
the
use
for
which
22
the
household
disinfecting
or
cleaning
supplies,
personal
23
protective
equipment,
or
a
qualified
product
was
designed,
24
manufactured,
sold,
distributed,
or
donated,
and
the
person
25
recklessly
disregarded
a
substantial
and
unnecessary
risk
that
26
the
household
disinfecting
or
cleaning
supplies,
personal
27
protective
equipment,
or
a
qualified
product
would
cause
28
serious
personal
injury,
death,
or
serious
property
damage.
29
b.
The
person
that
designs,
manufactures,
labels,
sells,
30
distributes,
or
donates
household
disinfecting
or
cleaning
31
supplies,
personal
protective
equipment,
or
a
qualified
product
32
acted
with
actual
malice.
33
Sec.
___.
NEW
SECTION
.
686D.8
Construction.
34
This
chapter
shall
not
be
construed
to
do
any
of
the
35
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following:
1
1.
Create,
recognize,
or
ratify
a
claim
or
cause
of
action
2
of
any
kind.
3
2.
Eliminate
or
satisfy
a
required
element
of
a
claim
or
4
cause
of
action
of
any
kind.
5
3.
Affect
the
rights
or
limits
under
workers’
compensation
6
as
provided
in
chapter
85,
85A,
or
85B,
or
the
rights
or
limits
7
related
to
police
officers
or
fire
fighters
under
chapter
410
8
or
411.
9
4.
Abrogate,
amend,
repeal,
alter,
or
affect
any
statutory
10
or
common
law
immunity
or
limitation
of
liability.
11
Sec.
___.
RETROACTIVE
APPLICABILITY.
This
division
of
this
12
Act
applies
retroactively
to
January
1,
2020.
>
13
3.
Title
page,
by
striking
lines
1
through
4
and
inserting
14
<
An
Act
relating
to
civil
actions,
including
recoverable
15
damages
for
medical
expenses,
evidence
offered
to
prove
16
past
medical
expenses,
and
civil
actions
related
to
the
17
novel
coronavirus,
and
including
retroactive
applicability
18
provisions.
>
19
4.
By
renumbering
as
necessary.
20
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#3.