Sec. 3. Definitions
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/bill/116/s/4317/is/section-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term applicable government standards and guidance means— any mandatory standards or regulations specifically concerning the prevention or mitigation of the transmission of coronavirus issued by the Federal Government, or a State or local government with jurisdiction over an individual or entity, whether provided by executive, judicial, or legislative order; and with respect to an individual or entity that, at the time of the actual, alleged, feared, or potential for exposure to coronavirus is not subject to any mandatory standards or regulations described in subparagraph (A), any guidance, standards, or regulations specifically concerning the prevention or mitigation of the transmission of coronavirus issued by the Federal Government, or a State or local government with jurisdiction over the individual or entity.
The term businesses, services, activities, or accommodations means any act by an individual or entity, irrespective of whether the act is carried on for profit, that is interstate or foreign commerce, that involves persons or things in interstate or foreign commerce, that involves the channels or instrumentalities of interstate or foreign commerce, that substantially affects interstate or foreign commerce, or that is otherwise an act subject to regulation by Congress as necessary and proper to carry into execution Congress’s powers to regulate interstate or foreign commerce or to spend funds for the general welfare.
The term coronavirus means any disease, health condition, or threat of harm caused by the SARS–CoV–2 virus or a virus mutating therefrom. The term coronavirus exposure action means a civil action— brought by a person who suffered personal injury or is at risk of suffering personal injury, or a representative of a person who suffered personal injury or is at risk of suffering personal injury; brought against an individual or entity engaged in businesses, services, activities, or accommodations; and alleging that an actual, alleged, feared, or potential for exposure to coronavirus caused the personal injury or risk of personal injury, that— occurred in the course of the businesses, services, activities, or accommodations of the individual or entity; and occurred— on or after December 1, 2019; and before the later of— October 1, 2024; or the date on which there is no declaration by the Secretary of Health and Human Services under section 319F–3(b) of the Public Health Service Act (42 U.S.C. 247d–6d(b)) (relating to medical countermeasures) that is in effect with respect to coronavirus, including the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID–19 (85 Fed. Reg. 15198) issued by the Secretary of Health and Human Services on March 17, 2020.
The term coronavirus exposure action does not include— a criminal, civil, or administrative enforcement action brought by the Federal Government or any State, local, or Tribal government; or a claim alleging intentional discrimination on the basis of race, color, national origin, religion, sex (including pregnancy), disability, genetic information, or age. The term coronavirus-related action means a coronavirus exposure action or a coronavirus-related medical liability action.
The term coronavirus-related health care services means services provided by a health care provider, regardless of the location where the services are provided, that relate to— the diagnosis, prevention, or treatment of coronavirus; the assessment or care of an individual with a confirmed or suspected case of coronavirus; or the care of any individual who is admitted to, presents to, receives services from, or resides at, a health care provider for any purpose during the period of a Federal emergency declaration concerning coronavirus, if such provider’s decisions or activities with respect to such individual are impacted as a result of coronavirus.
The term coronavirus-related medical liability action means a civil action— brought by a person who suffered personal injury, or a representative of a person who suffered personal injury; brought against a health care provider; and alleging any harm, damage, breach, or tort resulting in the personal injury alleged to have been caused by, be arising out of, or be related to a health care provider’s act or omission in the course of arranging for or providing coronavirus-related health care services that occurred— on or after December 1, 2019; and before the later of— October 1, 2024; or the date on which there is no declaration by the Secretary of Health and Human Services under section 319F–3(b) of the Public Health Service Act (42 U.S.C. 247d–6d(b)) (relating to covered countermeasures) that is in effect with respect to coronavirus, including the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID–19 (85 Fed. Reg. 15198) issued by the Secretary of Health and Human Services on March 17, 2020.
The term coronavirus-related medical liability action does not include— a criminal, civil, or administrative enforcement action brought by the Federal Government or any State, local, or Tribal government; or a claim alleging intentional discrimination on the basis of race, color, national origin, religion, sex (including pregnancy), disability, genetic information, or age. The term employer — means any person serving as an employer or acting directly in the interest of an employer in relation to an employee; includes a public agency; and does not include any labor organization (other than when acting as an employer) or any person acting in the capacity of officer or agent of such labor organization.
The term government means an agency, instrumentality, or other entity of the Federal Government, a State government (including multijurisdictional agencies, instrumentalities, and entities), a local government, or a Tribal government. The term gross negligence means a conscious, voluntary act or omission in reckless disregard of— a legal duty; the consequences to another party; and applicable government standards and guidance. The term harm includes— physical and nonphysical contact that results in personal injury to an individual; and economic and noneconomic losses.
The term health care provider means any person, including an agent, volunteer (subject to subparagraph (C)), contractor, employee, or other entity, who is— required by Federal or State law to be licensed, registered, or certified to provide health care and is so licensed, registered, or certified (or is exempt from any such requirement); otherwise authorized by Federal or State law to provide care (including services and supports furnished in a home or community-based residential setting under the State Medicaid program or a waiver of that program); or considered under applicable Federal or State law to be a health care provider, health care professional, health care institution, or health care facility.
The term health care provider includes a health care facility administrator, executive, supervisor, board member or trustee, or another individual responsible for directing, supervising, or monitoring the provision of coronavirus-related health care services in a comparable role. The term health care provider includes volunteers that meet the following criteria: The volunteer is a health care professional providing coronavirus-related health care services. The act or omission by the volunteer occurs— in the course of providing health care services; in the health care professional’s capacity as a volunteer; in the course of providing health care services that— are within the scope of the license, registration, or certification of the volunteer, as defined by the State of licensure, registration, or certification; and do 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 in a good-faith belief that the individual being treated is in need of health care services.
The term individual or entity means— any natural person, corporation, company, trade, business, firm, partnership, joint stock company, educational institution, labor organization, or similar organization or group of organizations; any nonprofit organization, foundation, society, or association organized for religious, charitable, educational, or other purposes; or any State, Tribal, or local government. The term local government means any unit of government within a State, including a— county; borough; municipality; city; town; township; parish; local public authority, including any public housing agency under the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq.); special district; school district; intrastate district; council of governments, whether or not incorporated as a nonprofit corporation under State law; and agency or instrumentality of— multiple units of local government (including units of local government located in different States); or an intra-State unit of local government.
The term mandatory , with respect to standards or regulations, means the standards or regulations are themselves enforceable by the issuing government through criminal, civil, or administrative action. The term personal injury — means actual or potential physical injury to an individual or death caused by a physical injury; and includes mental suffering, emotional distress, or similar injuries suffered by an individual in connection with a physical injury. The term State — means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States, and any political subdivision or instrumentality thereof; and includes any agency or instrumentality of 2 or more of the entities described in subparagraph (A).
The term Tribal government means the recognized governing body of any Indian tribe included on the list published by the Secretary of the Interior pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131(a) ). The term Tribal government includes any subdivision (regardless of the laws and regulations of the jurisdiction in which the subdivision is organized or incorporated) of a governing body described in subparagraph
(A)that— is wholly owned by that governing body; and has been delegated the right to exercise 1 or more substantial governmental functions of the governing body. The term willful misconduct means an act or omission that is taken— intentionally to achieve a wrongful purpose; knowingly without legal or factual justification; and in disregard of a known or obvious risk that is so great as to make it highly probable that the harm will outweigh the benefit.
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- 42 USC 247d–6d(b)
- 85 FR 15198
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