Sec. 2. Limitation on liability

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Except as provided in subsection (c), no person shall be liable in any civil action for the spread or possible transmission of SARS–COV–2 caused by an act or omission of the person acting in good faith between January 1, 2020, and the date that is 18 months after the end of the emergency period (as defined in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) )). The laws of a State or any political subdivision of a State are hereby preempted to the extent such laws are inconsistent with this section, unless such laws provide greater protection from liability. Subsection

(a)does not apply if the harm is shown, by clear and convincing evidence, to be caused by an act or omission constituting willful or criminal misconduct, reckless misconduct, gross negligence, or a conscious flagrant indifference to the rights or safety of the individual harmed by the person. For purposes of this section, infection with SARS–COV–2 may not be the basis for damages arising from bodily injury except to the extent that such injury is serious bodily injury. In this section: The term person includes— one or more individuals, business trusts, legal representatives, corporations, companies, associations, firms, partnerships, societies, joint stock companies, universities, schools, nonprofit organizations, or religious organizations; or any organized group of entities described in subparagraph (A). The term good faith means making reasonable efforts to act in compliance with— applicable guidance from a Federal, State, local, territorial, or Tribal public health authority; or appropriate professional or industry standards, recommendations, or guidance. The term serious bodily injury means— death or injury requiring in-patient hospitalization of at least 48 hours; permanent impairment of a bodily function; or permanent damage to a body structure. The limitation in this section shall be applicable in cases filed before, on, or after the date of enactment of this Act. Nothing in this section may be construed as superseding or weakening any Federal statute or other provision of Federal law that preempts the authority or actions of a State, territory, a political subdivision of a State or territory, or an Indian Tribe to regulate the practices or services of certain businesses or industries.

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42 USC 1320b–5(g)(1)(B)

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Sec. 2

Limitation on liability

Cite42 USC 1320b–5(g)(1)(B)

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