Pandemic Liability Protection Act

Bill: 116-hr-7179
Sponsor: full_name: Rep. Murphy, Gregory [R-NC-3]
Introduced: 2020-06-11
Policy area: Law
Subjects: Cardiovascular and respiratory health

Civil actions and liability

Emergency medical services and trauma care

Federal preemption

Food industry and services

Food supply, safety, and labeling

Health facilities and institutions

Health personnel

Industrial facilities

Infectious and parasitic diseases

Migrant, seasonal, agricultural labor

Retail and wholesale trades

State and local government operations

Worker safety and health
Latest action: action_date: 2020-06-11
text: Referred to the House Committee on the Judiciary.

Summaries:
action_date: 2020-06-11
action_desc: Introduced in House
text: <p><b>Pandemic Liability Protection Act</b></p> <p>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,&nbsp;this prohibition does not apply with respect to&nbsp;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.</p>

tv_txt: I 116th CONGRESS 2d Session H. R. 7179 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.

1. Short title This Act may be cited as the Pandemic Liability Protection Act . 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.