Title: Coronavirus Provider Protection Act
Policy area: Law

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.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3021 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 3021

   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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2021

Mr. Correa (for himself and Mr. Burgess) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   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.

    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 ``Coronavirus Provider Protection 
Act''.

SEC. 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'' means--
                    (A) a health care professional; or
                    (B) a related health care entity.
            (2) The term ``emergency period'' has the meaning given 
        such term in section 1135(g)(1)(B) of the Social Security Act 
        (42 U.S.C. 1320b-5(g)(1)(B)).
            (3) The term ``harm'' includes physical, nonphysical, 
        economic, and noneconomic injury or losses.
            (4) The term ``health care professional'' means an 
        individual who is licensed, registered, or certified under 
        Federal or State law to provide health care services.
            (5) The term ``related health care entity'' means an entity 
        with which a health care professional has a professional 
        affiliation under which the health care professional performs 
        health care services, including a skilled nursing facility, 
        hospital, academic medical center, ambulatory surgical center, 
        group medical practice, or medical clinic.
            (6) The term ``professional affiliation'' includes staff 
        privileges, medical staff membership, employment or contractual 
        relationship, partnership or ownership interest, academic 
        appointment, or other affiliation under which a health care 
        professional provides health care services on behalf of, or in 
        association with, the related health care entity.
            (7) The term ``health care services'' means any services 
        rendered or items provided by a health care professional or 
        related health care entity, or by any individual working under 
        the supervision of a health care professional, that relate to--
                    (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.
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