Sec. 3. Limitation on liability for health care professionals during COVID–19 emergency response

410 words·~2 min read·/bill/116/hr/7528/ih/section-3

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Except as provided in subsection (b), a provider of health care services, including a health care professional, shall not be liable under Federal or State law for the spread or possible transmission of SARS–COV–2 caused by an act or omission of the provider in the provision of health care services 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) )), if— the provider is providing health care services significantly impacted by, or in response to, the COVID–19 pandemic; and the act or omission— occurs in the course of providing health care services that are within the scope of the license, registration, or certification of the professional, as defined by the State of licensure, registration, or certification; does not exceed the scope of license, registration, or certification of a substantially similar health professional in the State in which such act or omission occurs; and is undertaken in a good faith belief that the individual being treated is in need of health care services.

Subsection

(a)does not apply if— the harm is shown, by clear and convincing evidence, to be caused by an act or omission of the provider of health care services 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 health care professional; or the provider of health care services rendered the health care services under the influence (as determined pursuant to applicable State law) of alcohol or an intoxicating drug. 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. In this section— 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 health care professional means an individual who is licensed, registered, certified, or otherwise authorized under a Federal or State law to provide health care services. The term health care services means any service provided by a health care professional, or by any individual working under the supervision of a health care professional, that relates to the diagnosis, prevention, or treatment of COVID–19.

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42 USC 1320b–5(g)(1)(B)

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Sec. 3

Limitation on liability for health care professionals during COVID–19 emergency response

Cite42 USC 1320b–5(g)(1)(B)

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