[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7179 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 7179
To provide liability protection for covered providers during the COVID-
19 outbreak, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
June 11, 2020
Mr. Murphy of North Carolina (for himself and Mr. Harris) introduced
the following bill; which was referred to the Committee on the
Judiciary
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A BILL
To provide liability protection for covered providers during the COVID-
19 outbreak, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pandemic Liability Protection Act''.
SEC. 2. PROTECTION FROM LIABILITY FOR COVERED PROVIDERS IN CERTAIN
CIVIL ACTIONS RELATING TO COVID-19.
(a) In General.--Except as provided in subsection (b), a covered
provider who operated during a public health emergency with respect to
COVID-19 declared pursuant to section 319 of the Public Health Service
Act (42 U.S.C. 247d) shall not be liable under Federal or State law for
any act or omission of such covered provider with respect to any harm
arising from exposure to, or infection by, the virus that causes COVID-
19.
(b) Exception.--Subsection (a) does not apply if the harm was
caused by an act or omission constituting willful or criminal
misconduct, gross negligence, reckless misconduct, or a conscious
flagrant indifference to the rights or safety of the individual harmed
by the covered provider.
(c) Preemption.--This section preempts the laws of a State or any
political subdivision of a State to the extent that such laws are
inconsistent with this section, unless such laws provide greater
protection from liability.
(d) Covered Provider Defined.--In this Act, the term ``covered
provider'' means any of the following:
(1) A healthcare provider which includes a nursing home,
health care clinic, pharmacy, hospital, outpatient center,
blood donation center, and urgent care center.
(2) A food provider which includes an owner or operator of
a farm, fishery, food processing plant, food packaging plant,
restaurant, and grocery store.
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