Coronavirus Provider Protection Act

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. Short title This Act may be cited as the Coronavirus Provider Protection Act 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 entity, 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 (A) a health care professional; or (B) a related health care entity. (2) The term emergency period 42 U.S.C. 1320b–5(g)(1)(B) (3) The term harm (4) The term health care professional (5) The term related health care entity (6) The term professional affiliation (7) The term health care services (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.

Summary: 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. To be exempt from liability, professionals and entities must provide these services in good faith, even if a service is outside a professional's normal area of practice, or withhold these services for reasons related to the COVID-19 public health emergency. However, this exemption does not apply (1) if 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; or (2) if the professional provides the services while under the influence of alcohol or certain drugs.