of a business or health care entity during such time as 
a national health emergency exists. 
SEC. 3. DEFINITIONS. 
(1) BUSINESS.—The term ‘‘business’’— 
(A) means any entity organized as corpora-
tion, 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’’ means— 
(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 in-
dividual providing services to a business or 
COVID–19 medical entity; or 
(C) any other person who enters or other-
wise visits or avails themselves of the services 
provided by a business or COVID–19 medical 
entity. 
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(3) COVERED PERIOD.—The term ‘‘covered pe-
riod’’ means the public health emergency declared by 
the Secretary of Health and Human Services under 
section 319 of the Public Health Service Act (42 
U.S.C. 247d) on January 31, 2020, with respect to 
COVID–19. 
(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 in-
fection of COVID–19 or SARS–CoV–2; and 
(B) does not include any action brought by 
a government entity in a regulatory, super-
visory, or enforcement capacity. 
(5) COVID–19 MEDICAL
ENTITY.—The term 
‘‘COVID–19 medical entity’’ means any business or 
governmental institution that provides healthcare re-
lated services for COVID–19, including treating, 
testing, or transportation of COVID–19 patients, 
manufacturing or distribution of personal protective 
equipment, and manufacturing, distributing, or test-
ing of other healthcare equipment. 
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(6) DAMAGES.—The term ‘‘damages’’ means 
any punitive, compensatory, or general damages re-
coverable under any State or Federal law. 
SEC. 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 busi-
ness or COVID–19 medical entity was— 
(1) operating in a fashion consistent with any 
applicable State or Federal guidelines or require-
ments 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. 
Æ 
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