HB 1002 – Civil Immunity Related to COVID-19
Authored by Rep. Jerry Torr (R-Carmel)

Protects health care providers from professional discipline for certain acts or omissions arising from a disaster emergency unless the act or omission constitutes gross negligence, willful or wanton misconduct, or intentional misrepresentation. Prohibits filing a class action lawsuit against a defendant in a civil action allowed by the statute. Provides that a person is not liable to a claimant for loss, damage, injury or death arising from COVID-19 unless the claimant proves by clear and convincing evidence that the person caused the loss, damage, injury or death by an act or omission constituting gross negligence, willful or wanton misconduct, or intentional misrepresentation. Provides immunity from civil liability to certain persons, entities and facilities providing health care and other services for certain acts or omissions related to the provision of health care services and other services during a state disaster emergency.

SB 1 – Civil Immunity Related to COVID-19
Authored by Sen. Mark Messmer (R-Jasper)

Provides civil tort immunity for damages arising from COVID-19 on the premises owned or operated by a person, on any premises on which the person or an employee or agent of the person provided property or services to the individual, or during an activity managed, organized or sponsored by the person. Specifies that the immunities do not affect the duty of care owed by a nursing home to a patient. Defines COVID-19 protective product and provides civil immunity for harm that results from the design, manufacture, labeling, sale, distribution or donation of a COVID-19 protective product, except for an act or omission that constitutes gross negligence or willful or wanton misconduct (including fraud and intentionally tortious acts). Limits certain immunities to tort actions. Prohibits class action suits. Exempts fraud and intentionally tortious acts from specified immunities.

Chamber position on both bills: Support (a top priority)

The latest: House Bill 1002 passed the House this week 76-21 and now moves to the Senate. Meanwhile, SB 1 was heard in the House Judiciary Committee and amended to delete language that the Senate had passed last week but backed down from this week. The language removed a more defined term of “arising from COVID-19.” The definition would have included: implementation of policies and procedures to minimize or prevent the spread; monitoring, reporting, tracking, tracing, disclosing or investigating; and several other provisions. Subsequently, the bill passed the committee along party lines.

Indiana Chamber action/commentary: The Chamber testified in committee that this legislation is necessary to bring assurance to the business committee that they won’t be sued (not withstanding gross negligence or willful or wanton misconduct) over COVID-19. At the time of this writing, negotiations were still being made related to the information noted above. However, we expect SB 1 will be amended on second reading because of concerns about the term “treatment” (related to arising out of COVID-19) being too broad in relation to nursing homes. Also, behind the scenes, the Chamber has been working with Rep. Torr on SB 1 language that the business community can live with and, at the same time, will be sufficient to get Sen. Messmer to concur when the bill goes back to the Senate.

Resource: Mike Ripley at (317) 264-6883 or email: mripley@indianachamber.com