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Senate File 2338 - EnrolledAn Actrelating to civil actions, including recoverable
damages for medical expenses, evidence offered to prove
past medical expenses, and civil actions related to the
novel coronavirus, and including retroactive applicability
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
EVIDENCE OF MEDICAL EXPENSES AND RECOVERABLE DAMAGES FOR
MEDICAL EXPENSES
Section 1. NEW SECTION. 622.4 Medical expenses.
Evidence offered to prove past medical expenses shall be
limited to evidence of the amounts actually paid to satisfy
the bills that have been satisfied, regardless of the source
of payment, and evidence of the amounts actually necessary
to satisfy the bills that have been incurred but not yet
satisfied. Evidence of the amounts actually necessary to
satisfy the bills that have been incurred shall not exceed
the amount by which the bills could be satisfied by the
claimant’s health insurance, regardless of whether such health
insurance is used or will be used to satisfy the bills. This
section does not impose upon any party an affirmative duty to
seek a reduction in billed charges to which the party is not
contractually entitled.
Sec. 2. NEW SECTION. 668.14A Recoverable damages for
medical expenses.
1. In an action brought to recover damages for personal
injury, the damages that may be recovered by a claimant for the
reasonable and necessary cost or value of medical care rendered
shall not exceed the sum of the amounts actually paid by or
on behalf of the injured person to the health care providers
who rendered treatment and any amounts actually necessary to
satisfy the medical care charges that have been incurred but
not yet satisfied.
2. This section does not apply to actions governed by
section 147.136.
DIVISION II
COVID-19 RELATED LIABILITY
Sec. 3. NEW SECTION. 686D.1 Short title.
This chapter shall be known and may be cited as the “COVID-19
Response and Back-to-Business Limited Liability Act”.
Sec. 4. NEW SECTION. 686D.2 Definitions.
-1- When used in this chapter, unless the context otherwise
requires:
1. “COVID-19” means the novel coronavirus identified
as SARS-CoV-2, the disease caused by the novel coronavirus
SARS-CoV-2 or a virus mutating therefrom, and conditions
associated with the disease caused by the novel coronavirus
SARS-CoV-2 or a virus mutating therefrom.
2. “Disinfecting or cleaning supplies” means and includes
hand sanitizers, disinfectants, sprays, and wipes.
3. “Health care facility” means and includes all of the
following:
a. A facility as defined in section 514J.102.
b. A facility licensed pursuant to chapter 135B.
c. A facility licensed pursuant to chapter 135C.
d. Residential care facilities, nursing facilities,
intermediate care facilities for persons with mental illness,
intermediate care facilities for persons with intellectual
disabilities, hospice programs, elder group homes, and assisted
living programs.
4. “Health care professional” means physicians and other
health care practitioners who are licensed, certified, or
otherwise authorized or permitted by the laws of this state
to administer health care services in the ordinary course
of business or in the practice of a profession, whether
paid or unpaid, including persons engaged in telemedicine or
telehealth. “Health care professional” includes the employer or
agent of a health care professional who provides or arranges
health care.
5. “Health care provider” means and includes a health care
professional, health care facility, home health care facility,
and any other person or facility otherwise authorized or
permitted by any federal or state statute, regulation, order,
or public health guidance to administer health care services
or treatment.
6. “Health care services” means services for the diagnosis,
-2-prevention, treatment, care, cure, or relief of a health
condition, illness, injury, or disease.
7. “Minimum medical condition” means a diagnosis of COVID-19
that requires inpatient hospitalization or results in death.
8. “Person” means the same as defined in section 4.1.
“Person” includes an agent of a person.
9. “Personal protective equipment” means and includes
protective clothing, gloves, face shields, goggles, facemasks,
respirators, gowns, aprons, coveralls, and other equipment
designed to protect the wearer from injury or the spread of
infection or illness.
10. “Premises” means and includes any real property and
any appurtenant building or structure serving a commercial,
residential, educational, religious, governmental, cultural,
charitable, or health care purpose.
11. “Public health guidance” means and includes written
guidance related to COVID-19 issued by any of the following:
a. The centers for disease control and prevention of the
federal department of health and human services.
b. The centers for Medicare and Medicaid services of the
federal department of health and human services.
c. The federal occupational safety and health
administration.
d. The office of the governor.
e. Any state agency, including the department of public
health.
12. “Qualified product” means and includes all of the
following:
a. Personal protective equipment used to protect the wearer
from COVID-19 or to prevent the spread of COVID-19.
b. Medical devices, equipment, and supplies used to treat
COVID-19, including medical devices, equipment, or supplies
that are used or modified for an unapproved use to treat
COVID-19 or to prevent the spread of COVID-19.
c. Medical devices, equipment, and supplies used outside of
-3-their normal use to treat COVID-19 or to prevent the spread of
COVID-19.
d. Medications used to treat COVID-19, including medications
prescribed or dispensed for off-label use to attempt to treat
COVID-19.
e. Tests to diagnose or determine immunity to COVID-19.
f. Any component of an item described in paragraphs “a”
through “e”.
Sec. 5. NEW SECTION. 686D.3 Actual injury requirement in
civil actions alleging COVID-19 exposure.
A person shall not bring or maintain a civil action alleging
exposure or potential exposure to COVID-19 unless one of the
following applies:
1. The civil action relates to a minimum medical condition.
2. The civil action involves an act that was intended to
cause harm.
3. The civil action involves an act that constitutes actual
malice.
Sec. 6. NEW SECTION. 686D.4 Premises owner’s duty of care
— limited liability.
A person who possesses or is in control of a premises,
including a tenant, lessee, or occupant of a premises, who
directly or indirectly invites or permits an individual onto
a premises, shall not be liable for civil damages for any
injuries sustained from the individual’s exposure to COVID-19,
whether the exposure occurs on the premises or during any
activity managed by the person who possesses or is in control
of a premises, unless any of the following apply to the person
who possesses or is in control of the premises:
1. The person who possesses or is in control of the premises
recklessly disregards a substantial and unnecessary risk that
the individual would be exposed to COVID-19.
2. The person who possesses or is in control of the
premises exposes the individual to COVID-19 through an act that
constitutes actual malice.
-4- 3. The person who possesses or is in control of the premises
intentionally exposes the individual to COVID-19.
Sec. 7. NEW SECTION. 686D.5 Safe harbor for compliance with
regulations, executive orders, or public health guidance.
A person in this state shall not be held liable for civil
damages for any injuries sustained from exposure or potential
exposure to COVID-19 if the act or omission alleged to violate
a duty of care was in substantial compliance or was consistent
with any federal or state statute, regulation, order, or public
health guidance related to COVID-19 that was applicable to the
person or activity at issue at the time of the alleged exposure
or potential exposure.
Sec. 8. NEW SECTION. 686D.6 Liability of health care
providers.
1. A health care provider shall not be liable for civil
damages for causing or contributing, directly or indirectly, to
the death or injury of an individual as a result of the health
care provider’s acts or omissions while providing or arranging
health care in support of the state’s response to COVID-19.
This subsection shall apply to all of the following:
a. Injury or death resulting from screening, assessing,
diagnosing, caring for, or treating individuals with a
suspected or confirmed case of COVID-19.
b. Prescribing, administering, or dispensing a
pharmaceutical for off-label use to treat a patient with a
suspected or confirmed case of COVID-19.
c. Acts or omissions while providing health care to
individuals unrelated to COVID-19 when those acts or omissions
support the state’s response to COVID-19, including any of the
following:
(1) Delaying or canceling nonurgent or elective dental,
medical, or surgical procedures, or altering the diagnosis or
treatment of an individual in response to any federal or state
statute, regulation, order, or public health guidance.
(2) Diagnosing or treating patients outside the normal
-5-scope of the health care provider’s license or practice.
(3) Using medical devices, equipment, or supplies outside
of their normal use for the provision of health care, including
using or modifying medical devices, equipment, or supplies for
an unapproved use.
(4) Conducting tests or providing treatment to any
individual outside the premises of a health care facility.
(5) Acts or omissions undertaken by a health care provider
because of a lack of staffing, facilities, medical devices,
equipment, supplies, or other resources attributable to
COVID-19 that renders the health care provider unable to
provide the level or manner of care to any person that
otherwise would have been required in the absence of COVID-19.
(6) Acts or omissions undertaken by a health care provider
relating to use or nonuse of personal protective equipment.
2. This section shall not relieve any person of liability
for civil damages for any act or omission which constitutes
recklessness or willful misconduct.
Sec. 9. NEW SECTION. 686D.7 Supplies, equipment, and
products designed, manufactured, labeled, sold, distributed, and
donated in response to COVID-19.
1. Any person that designs, manufactures, labels, sells,
distributes, or donates household disinfecting or cleaning
supplies, personal protective equipment, or a qualified product
in response to COVID-19 shall not be liable in a civil action
alleging personal injury, death, or property damage caused by
or resulting from the design, manufacturing, labeling, selling,
distributing, or donating of the household disinfecting
or cleaning supplies, personal protective equipment, or a
qualified product.
2. Any person that designs, manufactures, labels, sells,
distributes, or donates household disinfecting or cleaning
supplies, personal protective equipment, or a qualified product
in response to COVID-19 shall not be liable in a civil action
alleging personal injury, death, or property damage caused by
-6-or resulting from a failure to provide proper instructions or
sufficient warnings.
3. This section shall not apply in the event of any of the
following:
a. The person that designs, manufactures, labels, sells,
distributes, or donates household disinfecting or cleaning
supplies, personal protective equipment, or a qualified
product had actual knowledge of a defect in the household
disinfecting or cleaning supplies, personal protective
equipment, or a qualified product when put to the use for which
the household disinfecting or cleaning supplies, personal
protective equipment, or a qualified product was designed,
manufactured, sold, distributed, or donated, and the person
recklessly disregarded a substantial and unnecessary risk that
the household disinfecting or cleaning supplies, personal
protective equipment, or a qualified product would cause
serious personal injury, death, or serious property damage.
b. The person that designs, manufactures, labels, sells,
distributes, or donates household disinfecting or cleaning
supplies, personal protective equipment, or a qualified product
acted with actual malice.
Sec. 10. NEW SECTION. 686D.8 Construction.
This chapter shall not be construed to do any of the
following:
1. Create, recognize, or ratify a claim or cause of action
of any kind.
2. Eliminate or satisfy a required element of a claim or
cause of action of any kind.
3. Affect the rights or limits under workers’ compensation
as provided in chapter 85, 85A, or 85B, or the rights or limits
related to police officers or fire fighters under chapter 410
or 411.
4. Abrogate, amend, repeal, alter, or affect any statutory
or common law immunity or limitation of liability.
Sec. 11. RETROACTIVE APPLICABILITY. This division of this
-7-Act applies retroactively to January 1, 2020.
______________________________
CHARLES SCHNEIDERPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 2338, Eighty-eighth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2020______________________________
KIM REYNOLDSGovernorja/jh/mb/mb
damages for medical expenses, evidence offered to prove
past medical expenses, and civil actions related to the
novel coronavirus, and including retroactive applicability
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
EVIDENCE OF MEDICAL EXPENSES AND RECOVERABLE DAMAGES FOR
MEDICAL EXPENSES
Section 1. NEW SECTION. 622.4 Medical expenses.
Evidence offered to prove past medical expenses shall be
limited to evidence of the amounts actually paid to satisfy
the bills that have been satisfied, regardless of the source
of payment, and evidence of the amounts actually necessary
to satisfy the bills that have been incurred but not yet
satisfied. Evidence of the amounts actually necessary to
satisfy the bills that have been incurred shall not exceed
the amount by which the bills could be satisfied by the
claimant’s health insurance, regardless of whether such health
insurance is used or will be used to satisfy the bills. This
section does not impose upon any party an affirmative duty to
seek a reduction in billed charges to which the party is not
contractually entitled.
Sec. 2. NEW SECTION. 668.14A Recoverable damages for
medical expenses.
1. In an action brought to recover damages for personal
injury, the damages that may be recovered by a claimant for the
reasonable and necessary cost or value of medical care rendered
shall not exceed the sum of the amounts actually paid by or
on behalf of the injured person to the health care providers
who rendered treatment and any amounts actually necessary to
satisfy the medical care charges that have been incurred but
not yet satisfied.
2. This section does not apply to actions governed by
section 147.136.
DIVISION II
COVID-19 RELATED LIABILITY
Sec. 3. NEW SECTION. 686D.1 Short title.
This chapter shall be known and may be cited as the “COVID-19
Response and Back-to-Business Limited Liability Act”.
Sec. 4. NEW SECTION. 686D.2 Definitions.
-1- When used in this chapter, unless the context otherwise
requires:
1. “COVID-19” means the novel coronavirus identified
as SARS-CoV-2, the disease caused by the novel coronavirus
SARS-CoV-2 or a virus mutating therefrom, and conditions
associated with the disease caused by the novel coronavirus
SARS-CoV-2 or a virus mutating therefrom.
2. “Disinfecting or cleaning supplies” means and includes
hand sanitizers, disinfectants, sprays, and wipes.
3. “Health care facility” means and includes all of the
following:
a. A facility as defined in section 514J.102.
b. A facility licensed pursuant to chapter 135B.
c. A facility licensed pursuant to chapter 135C.
d. Residential care facilities, nursing facilities,
intermediate care facilities for persons with mental illness,
intermediate care facilities for persons with intellectual
disabilities, hospice programs, elder group homes, and assisted
living programs.
4. “Health care professional” means physicians and other
health care practitioners who are licensed, certified, or
otherwise authorized or permitted by the laws of this state
to administer health care services in the ordinary course
of business or in the practice of a profession, whether
paid or unpaid, including persons engaged in telemedicine or
telehealth. “Health care professional” includes the employer or
agent of a health care professional who provides or arranges
health care.
5. “Health care provider” means and includes a health care
professional, health care facility, home health care facility,
and any other person or facility otherwise authorized or
permitted by any federal or state statute, regulation, order,
or public health guidance to administer health care services
or treatment.
6. “Health care services” means services for the diagnosis,
-2-prevention, treatment, care, cure, or relief of a health
condition, illness, injury, or disease.
7. “Minimum medical condition” means a diagnosis of COVID-19
that requires inpatient hospitalization or results in death.
8. “Person” means the same as defined in section 4.1.
“Person” includes an agent of a person.
9. “Personal protective equipment” means and includes
protective clothing, gloves, face shields, goggles, facemasks,
respirators, gowns, aprons, coveralls, and other equipment
designed to protect the wearer from injury or the spread of
infection or illness.
10. “Premises” means and includes any real property and
any appurtenant building or structure serving a commercial,
residential, educational, religious, governmental, cultural,
charitable, or health care purpose.
11. “Public health guidance” means and includes written
guidance related to COVID-19 issued by any of the following:
a. The centers for disease control and prevention of the
federal department of health and human services.
b. The centers for Medicare and Medicaid services of the
federal department of health and human services.
c. The federal occupational safety and health
administration.
d. The office of the governor.
e. Any state agency, including the department of public
health.
12. “Qualified product” means and includes all of the
following:
a. Personal protective equipment used to protect the wearer
from COVID-19 or to prevent the spread of COVID-19.
b. Medical devices, equipment, and supplies used to treat
COVID-19, including medical devices, equipment, or supplies
that are used or modified for an unapproved use to treat
COVID-19 or to prevent the spread of COVID-19.
c. Medical devices, equipment, and supplies used outside of
-3-their normal use to treat COVID-19 or to prevent the spread of
COVID-19.
d. Medications used to treat COVID-19, including medications
prescribed or dispensed for off-label use to attempt to treat
COVID-19.
e. Tests to diagnose or determine immunity to COVID-19.
f. Any component of an item described in paragraphs “a”
through “e”.
Sec. 5. NEW SECTION. 686D.3 Actual injury requirement in
civil actions alleging COVID-19 exposure.
A person shall not bring or maintain a civil action alleging
exposure or potential exposure to COVID-19 unless one of the
following applies:
1. The civil action relates to a minimum medical condition.
2. The civil action involves an act that was intended to
cause harm.
3. The civil action involves an act that constitutes actual
malice.
Sec. 6. NEW SECTION. 686D.4 Premises owner’s duty of care
— limited liability.
A person who possesses or is in control of a premises,
including a tenant, lessee, or occupant of a premises, who
directly or indirectly invites or permits an individual onto
a premises, shall not be liable for civil damages for any
injuries sustained from the individual’s exposure to COVID-19,
whether the exposure occurs on the premises or during any
activity managed by the person who possesses or is in control
of a premises, unless any of the following apply to the person
who possesses or is in control of the premises:
1. The person who possesses or is in control of the premises
recklessly disregards a substantial and unnecessary risk that
the individual would be exposed to COVID-19.
2. The person who possesses or is in control of the
premises exposes the individual to COVID-19 through an act that
constitutes actual malice.
-4- 3. The person who possesses or is in control of the premises
intentionally exposes the individual to COVID-19.
Sec. 7. NEW SECTION. 686D.5 Safe harbor for compliance with
regulations, executive orders, or public health guidance.
A person in this state shall not be held liable for civil
damages for any injuries sustained from exposure or potential
exposure to COVID-19 if the act or omission alleged to violate
a duty of care was in substantial compliance or was consistent
with any federal or state statute, regulation, order, or public
health guidance related to COVID-19 that was applicable to the
person or activity at issue at the time of the alleged exposure
or potential exposure.
Sec. 8. NEW SECTION. 686D.6 Liability of health care
providers.
1. A health care provider shall not be liable for civil
damages for causing or contributing, directly or indirectly, to
the death or injury of an individual as a result of the health
care provider’s acts or omissions while providing or arranging
health care in support of the state’s response to COVID-19.
This subsection shall apply to all of the following:
a. Injury or death resulting from screening, assessing,
diagnosing, caring for, or treating individuals with a
suspected or confirmed case of COVID-19.
b. Prescribing, administering, or dispensing a
pharmaceutical for off-label use to treat a patient with a
suspected or confirmed case of COVID-19.
c. Acts or omissions while providing health care to
individuals unrelated to COVID-19 when those acts or omissions
support the state’s response to COVID-19, including any of the
following:
(1) Delaying or canceling nonurgent or elective dental,
medical, or surgical procedures, or altering the diagnosis or
treatment of an individual in response to any federal or state
statute, regulation, order, or public health guidance.
(2) Diagnosing or treating patients outside the normal
-5-scope of the health care provider’s license or practice.
(3) Using medical devices, equipment, or supplies outside
of their normal use for the provision of health care, including
using or modifying medical devices, equipment, or supplies for
an unapproved use.
(4) Conducting tests or providing treatment to any
individual outside the premises of a health care facility.
(5) Acts or omissions undertaken by a health care provider
because of a lack of staffing, facilities, medical devices,
equipment, supplies, or other resources attributable to
COVID-19 that renders the health care provider unable to
provide the level or manner of care to any person that
otherwise would have been required in the absence of COVID-19.
(6) Acts or omissions undertaken by a health care provider
relating to use or nonuse of personal protective equipment.
2. This section shall not relieve any person of liability
for civil damages for any act or omission which constitutes
recklessness or willful misconduct.
Sec. 9. NEW SECTION. 686D.7 Supplies, equipment, and
products designed, manufactured, labeled, sold, distributed, and
donated in response to COVID-19.
1. Any person that designs, manufactures, labels, sells,
distributes, or donates household disinfecting or cleaning
supplies, personal protective equipment, or a qualified product
in response to COVID-19 shall not be liable in a civil action
alleging personal injury, death, or property damage caused by
or resulting from the design, manufacturing, labeling, selling,
distributing, or donating of the household disinfecting
or cleaning supplies, personal protective equipment, or a
qualified product.
2. Any person that designs, manufactures, labels, sells,
distributes, or donates household disinfecting or cleaning
supplies, personal protective equipment, or a qualified product
in response to COVID-19 shall not be liable in a civil action
alleging personal injury, death, or property damage caused by
-6-or resulting from a failure to provide proper instructions or
sufficient warnings.
3. This section shall not apply in the event of any of the
following:
a. The person that designs, manufactures, labels, sells,
distributes, or donates household disinfecting or cleaning
supplies, personal protective equipment, or a qualified
product had actual knowledge of a defect in the household
disinfecting or cleaning supplies, personal protective
equipment, or a qualified product when put to the use for which
the household disinfecting or cleaning supplies, personal
protective equipment, or a qualified product was designed,
manufactured, sold, distributed, or donated, and the person
recklessly disregarded a substantial and unnecessary risk that
the household disinfecting or cleaning supplies, personal
protective equipment, or a qualified product would cause
serious personal injury, death, or serious property damage.
b. The person that designs, manufactures, labels, sells,
distributes, or donates household disinfecting or cleaning
supplies, personal protective equipment, or a qualified product
acted with actual malice.
Sec. 10. NEW SECTION. 686D.8 Construction.
This chapter shall not be construed to do any of the
following:
1. Create, recognize, or ratify a claim or cause of action
of any kind.
2. Eliminate or satisfy a required element of a claim or
cause of action of any kind.
3. Affect the rights or limits under workers’ compensation
as provided in chapter 85, 85A, or 85B, or the rights or limits
related to police officers or fire fighters under chapter 410
or 411.
4. Abrogate, amend, repeal, alter, or affect any statutory
or common law immunity or limitation of liability.
Sec. 11. RETROACTIVE APPLICABILITY. This division of this
-7-Act applies retroactively to January 1, 2020.
______________________________
CHARLES SCHNEIDERPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 2338, Eighty-eighth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2020______________________________
KIM REYNOLDSGovernorja/jh/mb/mb