Pandemic Liability Protection Act

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Pandemic Liability 4 Protection Act’’. 5 SEC. 2. PROTECTION FROM LIABILITY FOR COVERED PRO- 6 VIDERS IN CERTAIN CIVIL ACTIONS RELAT- 7 ING TO COVID–19. 8 (a) IN GENERAL.—Except as provided in subsection 9 (b), a covered provider who operated during a public 10 VerDate Sep 11 2014 01:12 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7179.IH H7179 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7179 IH health emergency with respect to COVID–19 declared pur- 1 suant to section 319 of the Public Health Service Act (42 2 U.S.C. 247d) shall not be liable under Federal or State 3 law for any act or omission of such covered provider with 4 respect to any harm arising from exposure to, or infection 5 by, the virus that causes COVID–19. 6 (b) EXCEPTION.—Subsection (a) does not apply if 7 the harm was caused by an act or omission constituting 8 willful or criminal misconduct, gross negligence, reckless 9 misconduct, or a conscious flagrant indifference to the 10 rights or safety of the individual harmed by the covered 11 provider. 12 (c) PREEMPTION.—This section preempts the laws of 13 a State or any political subdivision of a State to the extent 14 that such laws are inconsistent with this section, unless 15 such laws provide greater protection from liability. 16 (d) COVERED PROVIDER DEFINED.—In this Act, the 17 term ‘‘covered provider’’ means any of the following: 18 (1) A healthcare provider which includes a 19 nursing home, health care clinic, pharmacy, hospital, 20 outpatient center, blood donation center, and urgent 21 care center. 22 VerDate Sep 11 2014 01:12 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7179.IH H7179 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7179 IH (2) A food provider which includes an owner or 1 operator of a farm, fishery, food processing plant, 2 food packaging plant, restaurant, and grocery store. 3 Æ VerDate Sep 11 2014 01:12 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H7179.IH H7179 pbinns on DSKJLVW7X2PROD with BILLS