Title: Pandemic Liability Protection Act
Policy area: Law

Summary:
Pandemic Liability Protection Act
This bill exempts certain health care and food providers from liability for any act or omission relating to harm arising from exposure to, or infection by, the coronavirus (i.e., the virus that causes COVID-19) during the COVID-19 public health emergency. However, this prohibition does not apply with respect to acts or omissions that constitute willful or criminal misconduct, gross negligence, reckless misconduct, or conscious and flagrant indifference to the rights or safety of the individual harmed.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7179 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 7179

To provide liability protection for covered providers during the COVID-
                  19 outbreak, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 11, 2020

 Mr. Murphy of North Carolina (for himself and Mr. Harris) introduced 
    the following bill; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide liability protection for covered providers during the COVID-
                  19 outbreak, and for other purposes.

    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 ``Pandemic Liability Protection Act''.

SEC. 2. PROTECTION FROM LIABILITY FOR COVERED PROVIDERS IN CERTAIN 
              CIVIL ACTIONS RELATING TO COVID-19.

    (a) In General.--Except as provided in subsection (b), a covered 
provider who operated during a public health emergency with respect to 
COVID-19 declared pursuant to section 319 of the Public Health Service 
Act (42 U.S.C. 247d) shall not be liable under Federal or State law for 
any act or omission of such covered provider with respect to any harm 
arising from exposure to, or infection by, the virus that causes COVID-
19.
    (b) Exception.--Subsection (a) does not apply if the harm was 
caused by an act or omission constituting 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 provider.
    (c) Preemption.--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.
    (d) Covered Provider Defined.--In this Act, the term ``covered 
provider'' means any of the following:
            (1) A healthcare provider which includes a nursing home, 
        health care clinic, pharmacy, hospital, outpatient center, 
        blood donation center, and urgent care center.
            (2) A food provider which includes an owner or operator of 
        a farm, fishery, food processing plant, food packaging plant, 
        restaurant, and grocery store.
                                 <all>