Protecting Reopening Businesses Recovering from COVID–19 Act

To exempt certain businesses from liability arising from claims relating to an individual contracting COVID–19 as a result of patronizing a business or healthcare entity. 1. Short title This Act may be cited as the Protecting Reopening Businesses Recovering from COVID–19 Act 2. Purpose The purpose of this Act is to provide for an exemption from liability arising from claims arising from an individual contracting of COVID–19 as a result of patronage of a business or healthcare entity during such time as a national health emergency exists. 3. Definitions (1) Business The term business (A) means any entity organized as corporation, partnership, limited liability corporation, limited liability partnership, sole proprietorship, farming cooperative, or any other corporate structure recognized by the State in which the business is domiciled; and (B) includes any nonprofit organization or educational institution. (2) Covered individual The term covered individual (A) any invitee or licensee, as defined by the tort law of the State in which the business or COVID–19 medical entity is domiciled or does business; (B) any employee, contractor, or other individual providing services to a business or COVID–19 medical entity; or (C) any other person who enters or otherwise visits or avails themselves of the services provided by a business or COVID–19 medical entity. (3) Covered period The term covered period 42 U.S.C. 247d (4) COVID–19 action The term COVID–19 action (A) means any civil action commenced in any Federal or State court in which the alleged harm or injury to the plaintiff arises from or is related to the actual or potential contracting infection of COVID–19 or SARS–CoV–2; and (B) does not include any action brought by a government entity in a regulatory, supervisory, or enforcement capacity. (5) COVID–19 medical entity The term COVID–19 medical entity (6) Damages The term damages 4. Liability exemption for businesses and COVID–19 medical entities (a) In general During the covered period, no business or COVID–19 medical entity shall be liable for any damages arising from a claim arising from or relating from an individual’s contracting of COVID–19 if the business or COVID–19 medical entity was— (1) operating in a fashion consistent with any applicable State or Federal guidelines or requirements on reopening; and (2) using measures outlined by the Centers for Disease Control and Prevention or any other State or Federal agency to mitigate the potential spread of COVID–19, including requiring individuals to wear face coverings, sanitizing the workplace, practicing social distancing, and using temperature checks. (b) Exception Subsection (a) shall not apply to a business or COVID–19 medical entity that a court has determined to have acted grossly negligent.

Summary: Protecting Reopening Businesses Recovering from COVID-19 Act This bill exempts businesses and certain medical entities from liability for damages arising from or relating to an individual contracting COVID-19 (i.e., coronavirus disease 2019) during the COVID-19 public health emergency. Specifically, this exemption applies to businesses, including nonprofit organizations and educational institutions, and medical entities that provide health care services related to COVID-19. Such entities are exempt from liability if they operate consistent with state or federal guidelines or requirements related to reopening and follow guidance from the Centers for Disease Control and Prevention and any other federal or state agency to mitigate the spread of COVID-19. However, this exemption does not apply to acts that constitute gross negligence or to actions brought by a government entity in a regulatory, supervisory, or enforcement capacity.