Protecting Reopening Businesses Recovering from COVID–19 Act
Bill: H.R.1101 | Sponsor: Rep. Budd, Ted (R-NC)
Policy area: Law

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.

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.

    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 ``Protecting Reopening Businesses 
Recovering from COVID-19 Act''.

SEC. 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.

SEC. 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'' 
        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 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'' 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 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'' means any business or governmental institution that 
        provides healthcare related services for COVID-19, including 
        treating, testing, or transportation of COVID-19 patients, 
        manufacturing or distribution of personal protective equipment, 
        and manufacturing, distributing, or testing of other healthcare 
        equipment.
            (6) Damages.--The term ``damages'' means any punitive, 
        compensatory, or general damages recoverable 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 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.
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