Coronavirus Provider Protection Act
This bill generally exempts health care professionals and related health care entities (e.g., hospitals and medical clinics) from liability for harm caused in the course of arranging or providing health care services during the COVID-19 public health emergency.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7059 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7059
To provide for liability protection for health care providers for
damages with respect to any harm caused by any act or omission of such
health care professional or related health care entity in the course of
arranging for or providing health care services during the COVID-19
public health emergency period, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 28, 2020
Mr. David P. Roe of Tennessee (for himself and Mr. Correa) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To provide for liability protection for health care providers for
damages with respect to any harm caused by any act or omission of such
health care professional or related health care entity in the course of
arranging for or providing health care services during the COVID-19
public health emergency period, 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 ``Coronavirus Provider Protection
Act''.
SEC. 2. LIMITATION ON LIABILITY FOR HEALTH CARE PROFESSIONALS AND
RELATED HEALTH CARE ENTITIES RELATED TO COVID-19
EMERGENCY RESPONSE.
(a) Limitation on Liability.--Except as provided in subsection (b),
a covered health care provider shall not be liable for damages under
any law of the United States or of any State (or political subdivision
thereof) for any harm caused by any act or omission of such covered
health care provider in the course of arranging for or providing health
care services if such health care services were provided in good faith
or were withheld for reasons related to the COVID-19 pandemic and the
act or omission--
(1) occurs--
(A) during the emergency period or during the 60-
day period following the termination of such emergency
period; and
(B) in the course of providing health care services
that, with respect to a health care professional--
(i) are within the scope of the license,
registration, or certification of the health
care professional, as defined by the State of
licensure, registration, or certification;
(ii) do not exceed the scope of license,
registration, or certification of a
substantially similar health care professional
in the State in which such act or omission
occurs; and
(iii) may be outside the health care
professional's normal area of practice; or
(C) in the course of providing health care services
that, with respect to a related health care facility,
are within the licensure and accreditation of the
related health care entity; and
(2) is committed (or not undertaken)--
(A) based upon any direction, guidance,
recommendation, or other statement made by a Federal,
State, or local official to address or in response to
the COVID-19 pandemic;
(B) based upon any guidance published by any
Federal, State or local department or any division or
agency of such department in response to the COVID-19
pandemic; or
(C) due to a lack of resources, including manpower,
attributable to the COVID-19 pandemic.
(b) Exceptions.--Subsection (a) does not apply with respect to harm
caused by an act or omission of a covered health care provider, as
described in such subsection, if--
(1) the act or omission constitutes 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 health care provider; or
(2) the health care provider provided the health care
services under the influence (as determined pursuant to
applicable State law) of alcohol or an intoxicating drug (other
than a prescription drug taken under the orders of a
physician).
(c) Preemption.--
(1) In general.--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.
(2) Volunteer protection act.--Protections afforded by this
section are in addition to those provided by the Volunteer
Protection Act of 1997 (Public Law 105-19).
(d) Definitions.--In this section:
(1) The term ``covered health care provider'' means--
(A) a health care professional; or
(B) a related health care entity.
(2) The term ``emergency period'' has the meaning given
such term in section 1135(g)(1)(B) of the Social Security Act
(42 U.S.C. 1320b-5(g)(1)(B)).
(3) The term ``harm'' includes physical, nonphysical,
economic, and noneconomic injury or losses.
(4) The term ``health care professional'' means an
individual who is licensed, registered, or certified under
Federal or State law to provide health care services.
(5) The term ``related health care entity'' means an entity
with which a health care professional has a professional
affiliation under which the health care professional performs
health care services, including a skilled nursing facility,
hospital, academic medical center, ambulatory surgical center,
group medical practice, or medical clinic.
(6) The term ``professional affiliation'' includes staff
privileges, medical staff membership, employment or contractual
relationship, partnership or ownership interest, academic
appointment, or other affiliation under which a health care
professional provides health care services on behalf of, or in
association with, the related health care entity.
(7) The term ``health care services'' means any services
rendered or items provided by a health care professional or
related health care entity, or by any individual working under
the supervision of a health care professional, that relate to--
(A) the treatment, diagnosis, prevention, or
mitigation of COVID-19;
(B) the treatment, diagnosis, or care with respect
to an individual with a confirmed or suspected case of
COVID-19; or
(C) the treatment, diagnosis, or care with respect
to an individual who presents to a health care
professional or related health care entity during the
emergency period.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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