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2020 Senate Bill 1185: Adopt a tort liability "Pandemic Health Care Immunity Act"
Introduced by Sen. Curt VanderWall (R) on October 8, 2020
To establish in law that, “a health care provider or facility that provides health care services in support of this state's response to the COVID-19 pandemic is not liable for an injury, including death, sustained by an individual by reason of those services, regardless of how, under what circumstances, or by what cause those injuries are sustained, unless it is established that the provision of the services constituted willful misconduct, gross negligence, intentional and willful criminal misconduct, or intentional infliction of harm by the health care provider or health care facility”.   Official Text and Analysis.
Referred to the Senate Health Policy and Human Services Committee on October 8, 2020
To establish in law that, “a health care provider or facility that provides health care services in support of this state's response to the COVID-19 pandemic is not liable for an injury, including death, sustained by an individual by reason of those services, regardless of how, under what circumstances, or by what cause those injuries are sustained, unless it is established that the provision of the services constituted willful misconduct, gross negligence, intentional and willful criminal misconduct, or intentional infliction of harm by the health care provider or health care facility.” This would apply only after March 9, 2020 and before July 15, 2020.
Received in the House on November 10, 2020
Referred to the House Judiciary Committee on November 10, 2020
Reported in the House on December 1, 2020
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

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