Bill Summary
The Pandemic Liability Protection Act is a bill that aims to protect certain providers from liability in civil actions related to the COVID-19 outbreak. This act would provide immunity from lawsuits for healthcare providers, food providers, and other covered entities who operated during the declared public health emergency for COVID-19. This protection would not apply in cases of willful or criminal misconduct, gross negligence, or intentional harm. This act would also preempt state or local laws that conflict with its provisions, unless those laws provide even greater protection. The term "covered provider" refers to healthcare providers, such as nursing homes and hospitals, as well as food providers, such as farms and restaurants.
Possible Impacts
1. This legislation could affect healthcare providers, such as nurses and doctors, by providing them with liability protection during the COVID-19 outbreak. This could potentially alleviate concerns for these providers and allow them to focus on treating patients without fear of legal action.
2. The legislation could also affect food providers, such as farmers and grocery stores, by providing them with similar liability protection. This could allow these providers to continue operating and providing essential goods during the outbreak without fear of being sued for any potential harm caused by the virus.
3. The preemption clause in this legislation could affect state and local laws, potentially limiting their ability to hold certain covered providers accountable for their actions during the pandemic. This could lead to a debate over the balance between individual rights and public health concerns.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7179 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 7179
To provide liability protection for covered providers during the COVID-
19 outbreak, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
June 11, 2020
Mr. Murphy of North Carolina (for himself and Mr. Harris) introduced
the following bill; which was referred to the Committee on the
Judiciary
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A BILL
To provide liability protection for covered providers during the COVID-
19 outbreak, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pandemic Liability Protection Act''.
SEC. 2. PROTECTION FROM LIABILITY FOR COVERED PROVIDERS IN CERTAIN
CIVIL ACTIONS RELATING TO COVID-19.
(a) In General.--Except as provided in subsection (b), a covered
provider who operated during a public health emergency with respect to
COVID-19 declared pursuant to section 319 of the Public Health Service
Act (42 U.S.C. 247d) shall not be liable under Federal or State law for
any act or omission of such covered provider with respect to any harm
arising from exposure to, or infection by, the virus that causes COVID-
19.
(b) Exception.--Subsection (a) does not apply if the harm was
caused by an act or omission constituting willful or criminal
misconduct, gross negligence, reckless misconduct, or a conscious
flagrant indifference to the rights or safety of the individual harmed
by the covered provider.
(c) Preemption.--This section preempts the laws of a State or any
political subdivision of a State to the extent that such laws are
inconsistent with this section, unless such laws provide greater
protection from liability.
(d) Covered Provider Defined.--In this Act, the term ``covered
provider'' means any of the following:
(1) A healthcare provider which includes a nursing home,
health care clinic, pharmacy, hospital, outpatient center,
blood donation center, and urgent care center.
(2) A food provider which includes an owner or operator of
a farm, fishery, food processing plant, food packaging plant,
restaurant, and grocery store.
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