HB1830 - COVID-19 Limited Liability Act

• Civil actions alleging COVID-19 exposure are limited to cases involving minimum medical condition (inpatient hospitalization or death), intentional harm, or actual malice.

• Premises owners and occupants are not liable for COVID-19 exposure injuries unless they recklessly disregarded risk, acted with actual malice, or intentionally exposed individuals to the virus.

• Persons in compliance with federal or state COVID-19 statutes, regulations, orders, or public health guidance cannot be held liable for injuries from exposure or potential exposure to COVID-19.

• Health care providers are shielded from civil liability for acts or omissions while providing COVID-19 response care, including off-label pharmaceutical use, delayed procedures, and use of equipment outside normal scope, unless the acts constitute recklessness or willful misconduct.

• Manufacturers, designers, distributors, and donors of COVID-19 related supplies, personal protective equipment, and qualified medical products are not liable for personal injury, death, or property damage except when they have actual knowledge of defects and recklessly disregard substantial risk, or act with actual malice.

• The Act applies retroactively to January 1, 2020.