Full Text of HB1830 102nd General Assembly
HB1830 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB1830 Introduced 2/17/2021, by Rep. Jim Durkin SYNOPSIS AS INTRODUCED: |
| |
Creates the COVID-19 Limited Liability Act. Provides that a person shall not bring or maintain a civil action alleging exposure or potential exposure to COVID-19 unless: the civil action relates to a minimum medical condition; the civil action involves an act that was intended to cause harm; or the civil action involves an act that constitutes actual malice. Provides, with exceptions, that a person who possesses or is in control of a premises shall not be liable for civil damages for any injuries sustained from the individual's exposure to COVID-19. Provides that a person shall not be held liable for civil damages for any injuries sustained from exposure or potential exposure to COVID-19 if the act or omission alleged to violate a duty of care was in substantial compliance or was consistent with any federal or State statute, rule, regulation, order, or public health guidance related to COVID-19 that was applicable to the person or activity at issue at the time of the alleged exposure or potential exposure. Provides that a health care provider shall not be liable for civil damages for causing or contributing to the death or injury of an individual as a result of the health care provider's acts or omissions while providing or arranging health care in support of the State's response to COVID-19. Provides that any person who designs, manufactures, labels, sells, distributes, or donates household disinfecting or cleaning supplies, personal protective equipment, or a qualified product in response to COVID-19 shall not be liable in a civil action alleging personal injury, death, or property damage caused by or resulting from: the design, manufacturing, labeling, selling, distributing, or donating of the household disinfecting or cleaning supplies, personal protective equipment, or a qualified product; or a failure to provide proper instructions or sufficient warnings. Provides that the Act applies retroactively to January 1, 2020.
|
| |
| | A BILL FOR |
|
| | | HB1830 | | LRB102 11482 LNS 16816 b |
|
| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | COVID-19 Limited Liability Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "COVID-19" means the novel coronavirus identified as | 8 | | SARS-CoV-2, the disease caused by the novel coronavirus | 9 | | SARS-CoV-2, or a virus mutating therefrom, and conditions | 10 | | associated with the disease caused by the novel coronavirus | 11 | | SARS-CoV-2 or a virus mutating therefrom. | 12 | | "Disinfecting or cleaning supplies" means hand sanitizers, | 13 | | disinfectants, sprays, and wipes. | 14 | | "Health care facility" means an institution providing | 15 | | health care services or a health care setting, including, but | 16 | | not limited to, hospitals and other licensed inpatient | 17 | | centers, ambulatory surgical treatment centers, long-term care | 18 | | facilities, as defined by Section 1-113 of the Nursing Home | 19 | | Care Act, skilled nursing centers, residential treatment | 20 | | centers, diagnostic, laboratory, and imaging centers, | 21 | | rehabilitation and other therapeutic health settings, and | 22 | | residential care facilities, nursing facilities, intermediate | 23 | | care facilities for persons with mental illness, intermediate |
| | | HB1830 | - 2 - | LRB102 11482 LNS 16816 b |
|
| 1 | | care facilities for persons with intellectual disabilities, | 2 | | hospice programs, elder group homes, and assisted living | 3 | | programs. | 4 | | "Health care professional" means physicians and other | 5 | | health care practitioners who are licensed, certified, or | 6 | | otherwise authorized or permitted by the laws of this State to | 7 | | administer health care services in the ordinary course of | 8 | | business or in the practice of a profession, whether paid or | 9 | | unpaid, including persons engaged in telemedicine or | 10 | | telehealth. "Health care professional" includes the employer | 11 | | or agent of a health care professional who provides or | 12 | | arranges health care. | 13 | | "Health care provider" means a health care professional, | 14 | | health care facility, home health care facility, and any other | 15 | | person or facility otherwise authorized or permitted by any | 16 | | federal or State statute, regulation, rule, order, or public | 17 | | health guidance to administer health care services or | 18 | | treatment. | 19 | | "Health care services" means services for the diagnosis, | 20 | | prevention, treatment, care, cure, or relief of a health | 21 | | condition, illness, injury, or disease. | 22 | | "Minimum medical condition" means a diagnosis of COVID-19 | 23 | | that requires inpatient hospitalization or results in death. | 24 | | "Person" means an individual, corporation, limited | 25 | | liability company, government or governmental subdivision or | 26 | | agency, business trust, estate, trust, partnership or |
| | | HB1830 | - 3 - | LRB102 11482 LNS 16816 b |
|
| 1 | | association, or any other legal entity. "Person" includes an | 2 | | agent of a person. | 3 | | "Personal protective equipment" means protective clothing, | 4 | | gloves, face shields, goggles, face masks, respirators, gowns, | 5 | | aprons, coveralls, and other equipment designed to protect the | 6 | | wearer from injury or the spread of infection or illness. | 7 | | "Premises" means any real property and any appurtenant | 8 | | building or structure serving a commercial, residential, | 9 | | educational, religious, governmental, cultural, charitable, or | 10 | | health care purpose. | 11 | | "Public health guidance" means written guidance related to | 12 | | COVID-19 issued by: | 13 | | (1) the Centers for Disease Control and Prevention of | 14 | | the federal Department of Health and Human Services; | 15 | | (2) the Centers for Medicare and Medicaid Services of | 16 | | the federal Department of Health and Human Services; | 17 | | (3) the federal Occupational Safety and Health | 18 | | Administration; | 19 | | (4) the office of the Governor; or | 20 | | (5) any State agency, including the Department of | 21 | | Public Health. | 22 | | "Qualified product" means: | 23 | | (1) personal protective equipment used to protect the | 24 | | wearer from COVID-19 or to prevent the spread of COVID-19; | 25 | | (2) medical devices, equipment, and supplies used to | 26 | | treat COVID-19, including medical devices, equipment, or |
| | | HB1830 | - 4 - | LRB102 11482 LNS 16816 b |
|
| 1 | | supplies that are used or modified for an unapproved use | 2 | | to treat COVID-19 or to prevent the spread of COVID-19; | 3 | | (3) medical devices, equipment, and supplies used | 4 | | outside of their normal use to treat COVID-19 or to | 5 | | prevent the spread of COVID-19,; | 6 | | (4) medications used to treat COVID-19, including | 7 | | medication prescribed or dispensed for off-label use to | 8 | | attempt to treat COVID-19; | 9 | | (5) tests to diagnose or determine immunity to | 10 | | COVID-19; or | 11 | | (6) any component of an item described in items (1) | 12 | | through (5) of this definition. | 13 | | Section 10. Actual injury requirement in civil actions | 14 | | alleging COVID-19 exposure. A person shall not bring or | 15 | | maintain a civil action alleging exposure or potential | 16 | | exposure to COVID-19 unless: | 17 | | (1) the civil action relates to a minimum medical | 18 | | condition; | 19 | | (2) the civil action involves an act that was intended to | 20 | | cause harm; or | 21 | | (3) the civil action involves an act that constitutes | 22 | | actual malice. | 23 | | Section 15. Premises owner's duty of care; limited | 24 | | liability. A person who possesses or is in control of a |
| | | HB1830 | - 5 - | LRB102 11482 LNS 16816 b |
|
| 1 | | premises, including a tenant, lessee, or occupant of a | 2 | | premises, who directly or indirectly invites or permits an | 3 | | individual onto a premises, shall not be liable for civil | 4 | | damages for any injuries sustained from an individual's | 5 | | exposure to COVID-19, whether the exposure occurs on the | 6 | | premises or during any activity managed by the person who | 7 | | possesses or is in control of a premises, unless the person who | 8 | | possesses or is in control of the premises: | 9 | | (1) recklessly disregards a substantial and unnecessary | 10 | | risk that the individual would be exposed to COVID-19; | 11 | | (2) exposes the individual to COVID-19 through an act that | 12 | | constitutes actual malice; or | 13 | | (3) intentionally exposes the individual to COVID-19. | 14 | | Section 20. Safe harbor for compliance with regulations, | 15 | | executive orders, or public health guidance. A person in this | 16 | | State shall not be held liable for civil damages for any | 17 | | injuries sustained from exposure or potential exposure to | 18 | | COVID-19 if the act or omission alleged to violate a duty of | 19 | | care was in substantial compliance or was consistent with any | 20 | | federal or State statute, rule, regulation, order, or public | 21 | | health guidance related to COVID-19 that was applicable to the | 22 | | person or activity at issue at the time of the alleged exposure | 23 | | or potential exposure. | 24 | | Section 25. Liability of health care providers. |
| | | HB1830 | - 6 - | LRB102 11482 LNS 16816 b |
|
| 1 | | (a) A health care provider shall not be liable for civil | 2 | | damages for causing or contributing, directly or indirectly, | 3 | | to the death or injury of an individual as a result of the | 4 | | health care provider's acts or omissions while providing or | 5 | | arranging health care in support of the State's response to | 6 | | COVID-19. This applies to: | 7 | | (1) injury or death resulting from screening, | 8 | | assessing, diagnosing, care for, or treating individuals | 9 | | with a suspected or confirmed case of COVID-19; | 10 | | (2) prescribing, administering, or dispensing a | 11 | | pharmaceutical for off-label use to treat a patient with a | 12 | | suspected or confirmed case of COVID-19; or | 13 | | (3) acts or omissions while providing health care to | 14 | | individuals unrelated to COVID-19 when those acts or | 15 | | omissions support the State's response to COVID-19, | 16 | | including: | 17 | | (i) delaying or canceling nonurgent or elective | 18 | | dental, medical, or surgical procedures, or altering | 19 | | the diagnosis or treatment of an individual in | 20 | | response to any federal or State statute, rule, | 21 | | regulation, order, or public health guidance; | 22 | | (ii) diagnosing or treating patients outside the | 23 | | normal scope of the health care provider's license or | 24 | | practice; | 25 | | (iii) using medical devices, equipment, or | 26 | | supplies outside of their normal use for the provision |
| | | HB1830 | - 7 - | LRB102 11482 LNS 16816 b |
|
| 1 | | of health care, including using or modifying medical | 2 | | devices, equipment, or supplies for unapproved use; | 3 | | (iv) conducting tests or providing treatment to | 4 | | any individual outside the premises of a health care | 5 | | facility; | 6 | | (v) acts or omissions undertaken by a health care | 7 | | provider because of a lack of staffing, facilities, | 8 | | medical devices, equipment, supplies, or other | 9 | | resources attributable to COVID-19 that renders the | 10 | | health care provider unable to provide the level or | 11 | | manner of care to any person that otherwise would have | 12 | | been required in the absence of COVID-19; or | 13 | | (vi) acts or omissions undertaken by a health care | 14 | | provider relating to use or nonuse of personal | 15 | | protective equipment. | 16 | | (b) This Section shall not relieve any person of liability | 17 | | for civil damages for any act or omission that constitutes | 18 | | recklessness or willful misconduct. | 19 | | Section 30. Supplies, equipment, and products designed, | 20 | | manufactured, labeled, sold, distributed, and donated in | 21 | | response to COVID-19. | 22 | | (a) Any person who designs, manufactures, labels, sells, | 23 | | distributes, or donates household disinfecting or cleaning | 24 | | supplies, personal protective equipment, or a qualified | 25 | | product in response to COVID-19 shall not be liable in a civil |
| | | HB1830 | - 8 - | LRB102 11482 LNS 16816 b |
|
| 1 | | action alleging personal injury, death, or property damage | 2 | | caused by or resulting from the design, manufacturing, | 3 | | labeling, selling, distributing, or donating of the household | 4 | | disinfecting or cleaning supplies, personal protective | 5 | | equipment, or a qualified product. | 6 | | (b) Any person who designs, manufactures, labels, sells, | 7 | | distributes, or donates household disinfecting or cleaning | 8 | | supplies, personal protective equipment, or a qualified | 9 | | product in response to COVID-19 shall not be liable in a civil | 10 | | action alleging personal injury, death, or property damage | 11 | | caused by or resulting from a failure to provide proper | 12 | | instructions or sufficient warnings. | 13 | | (c) This Section does not apply if: | 14 | | (1) the person who designs, manufactures, labels, | 15 | | sells, distributes, or donates household disinfecting or | 16 | | cleaning supplies, personal protective equipment, or a | 17 | | qualified product has actual knowledge of a defect in the | 18 | | household disinfecting or cleaning supplies, personal | 19 | | protective equipment, or a qualified product when put to | 20 | | the use for which the household disinfecting or cleaning | 21 | | supplies, personal protective equipment, or a qualified | 22 | | product was designed, manufactured, sold, distributed, or | 23 | | donated, and the person recklessly disregarded a | 24 | | substantial and unnecessary risk that the household | 25 | | disinfecting or cleaning supplies, personal protective | 26 | | equipment, or a qualified product would cause serious |
| | | HB1830 | - 9 - | LRB102 11482 LNS 16816 b |
|
| 1 | | personal injury, death, or serious property damage; or | 2 | | (2) the person who designs, manufactures, labels, | 3 | | sells, distributes, or donates household disinfecting or | 4 | | cleaning supplies, personal protective equipment, or a | 5 | | qualified product acts with actual malice. | 6 | | Section 35. Construction. This Act shall not be construed | 7 | | to: | 8 | | (1) create, recognize, or ratify a claim or cause of | 9 | | action of any kind; | 10 | | (2) eliminate or satisfy a required element of a claim or | 11 | | cause of action of any kind; | 12 | | (3) affect the rights or limits under the Workers' | 13 | | Compensation Act, or the rights or limits related to police | 14 | | officers or firefighters under the laws of this State; or | 15 | | (4) abrogate, amend, repeal, alter, or affect any | 16 | | statutory or common law immunity or limitation of liability. | 17 | | Section 40. Applicability. This Act applies retroactively | 18 | | to January 1, 2020.
|
|