I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Coronavirus Provider 

5 Protection Act’’. 


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1 SEC. 2. LIMITATION ON LIABILITY FOR HEALTH CARE PRO2 FESSIONALS AND RELATED HEALTH CARE 

3 ENTITIES RELATED TO COVID-19 EMERGENCY 

4 RESPONSE. 

5 (a) LIMITATION ON LIABILITY.—Except as provided 

6 in subsection (b), a covered health care provider shall not 

7 be liable for damages under any law of the United States 

8 or of any State (or political subdivision thereof) for any 

9 harm caused by any act or omission of such covered health 

10 care provider in the course of arranging for or providing 

11 health care services if such health care services were pro12 vided in good faith or were withheld for reasons related 

13 to the COVID–19 pandemic and the act or omission— 

14 (1) occurs— 

15 (A) during the emergency period or during 

16 the 60-day period following the termination of 

17 such emergency period; and 

18 (B) in the course of providing health care 

19 services that, with respect to a health care pro20 fessional— 

21 (i) are within the scope of the license, 

22 registration, or certification of the health 

23 care professional, as defined by the State 

24 of licensure, registration, or certification; 

25 (ii) do not exceed the scope of license, 

26 registration, or certification of a substanVerDate Sep 11 2014 04:35 Jun 19, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7059.IH H7059

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1 tially similar health care professional in 

2 the State in which such act or omission oc3 curs; and 

4 (iii) may be outside the health care 

5 professional’s normal area of practice; or 

6 (C) in the course of providing health care 

7 services that, with respect to a related health 

8 care facility, are within the licensure and ac9 creditation of the related health care entity; and 

10 (2) is committed (or not undertaken)— 

11 (A) based upon any direction, guidance, 

12 recommendation, or other statement made by a 

13 Federal, State, or local official to address or in 

14 response to the COVID–19 pandemic; 

15 (B) based upon any guidance published by 

16 any Federal, State or local department or any 

17 division or agency of such department in re18 sponse to the COVID–19 pandemic; or 

19 (C) due to a lack of resources, including 

20 manpower, attributable to the COVID–19 pan21 demic. 

22 (b) EXCEPTIONS.—Subsection (a) does not apply 

23 with respect to harm caused by an act or omission of a 

24 covered health care provider, as described in such sub25 section, if— 


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1 (1) the act or omission constitutes willful or 

2 criminal misconduct, gross negligence, reckless mis3 conduct, or a conscious flagrant indifference to the 

4 rights or safety of the individual harmed by the cov5 ered health care provider; or 

6 (2) the health care provider provided the health 

7 care services under the influence (as determined pur8 suant to applicable State law) of alcohol or an in9 toxicating drug (other than a prescription drug 

10 taken under the orders of a physician). 

11 (c) PREEMPTION.— 

12 (1) IN GENERAL.—This section preempts the 

13 laws of a State or any political subdivision of a State 

14 to the extent that such laws are inconsistent with 

15 this section, unless such laws provide greater protec16 tion from liability. 

17 (2) VOLUNTEER PROTECTION ACT.—Protec18 tions afforded by this section are in addition to those 

19 provided by the Volunteer Protection Act of 1997 

20 (Public Law 105–19). 

21 (d) DEFINITIONS.—In this section: 

22 (1) The term ‘‘covered health care provider’’ 

23 means— 

24 (A) a health care professional; or 

25 (B) a related health care entity. 


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1 (2) The term ‘‘emergency period’’ has the 

2 meaning given such term in section 1135(g)(1)(B) 

3 of the Social Security Act (42 U.S.C. 1320b– 

4 5(g)(1)(B)). 

5 (3) The term ‘‘harm’’ includes physical, non6 physical, economic, and noneconomic injury or 

7 losses. 

8 (4) The term ‘‘health care professional’’ means 

9 an individual who is licensed, registered, or certified 

10 under Federal or State law to provide health care 

11 services. 

12 (5) The term ‘‘related health care entity’’ 

13 means an entity with which a health care profes14 sional has a professional affiliation under which the 

15 health care professional performs health care serv16 ices, including a skilled nursing facility, hospital, 

17 academic medical center, ambulatory surgical center, 

18 group medical practice, or medical clinic. 

19 (6) The term ‘‘professional affiliation’’ includes 

20 staff privileges, medical staff membership, employ21 ment or contractual relationship, partnership or 

22 ownership interest, academic appointment, or other 

23 affiliation under which a health care professional 

24 provides health care services on behalf of, or in asso25 ciation with, the related health care entity. 


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1 (7) The term ‘‘health care services’’ means any 

2 services rendered or items provided by a health care 

3 professional or related health care entity, or by any 

4 individual working under the supervision of a health 

5 care professional, that relate to— 

6 (A) the treatment, diagnosis, prevention, 

7 or mitigation of COVID–19; 

8 (B) the treatment, diagnosis, or care with 

9 respect to an individual with a confirmed or 

10 suspected case of COVID–19; or 

11 (C) the treatment, diagnosis, or care with 

12 respect to an individual who presents to a 

13 health care professional or related health care 

14 entity during the emergency period. 

Æ 


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