Civil immunity related to COVID-19

H.E.A. 1002, P.L. 166
Effective: §§1,5-14, 16-19 effective retroactive to March 1, 2020; July 1, 2021

  • 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.
  • Provides that a health care provider is not protected from professional discipline for actions that are outside the skills, education, and training of the health care provider, unless certain circumstances apply.
  • Specifies that orders and recommendations issued by local, state, and federal government agencies and officials during a state disaster emergency do not create new causes of action or new legal duties and are presumed irrelevant to the issue of the existence of a duty or breach of a duty.
  • Prohibits filing a class action lawsuit against a defendant in a civil action allowed by the statute.
  • Specifies that a governmental entity or employee is not liable if a loss results from an act or omission arising from COVID-19 unless the act or omission constitutes gross negligence, willful or wanton misconduct, or intentional misrepresentation.
  • Provides that a person is not liable to a claimant for loss, damage, injury, or death arising from COVID-19 unless the claimant proves 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.
  • Extends COVID-19 health care immunity during periods of disaster emergency after February 29, 2020, and before April 1, 2022.
  • Resolves conflicts between SEA 1 and HB 1002.

Read the bill at: http://iga.in.gov/legislative/2021/bills/house/1002