COVID-19 Liability Act (HB3003) Summary

• Creates liability protections for businesses and health care providers in coronavirus-related lawsuits, requiring plaintiffs to prove defendants failed to make reasonable efforts to comply with government standards or engaged in gross negligence/willful misconduct by clear and convincing evidence.

• Limits damages in coronavirus-related actions to economic losses only, except noneconomic damages may be awarded for willful misconduct; punitive damages capped at compensatory damages amount and only available for willful misconduct.

• Establishes a one-year statute of limitations for coronavirus exposure actions and coronavirus-related medical liability actions, with limited tolling provisions for the latter (fraud, intentional concealment, or foreign body).

• Imposes strict pleading and procedural requirements including mandatory affidavits from independent medical experts, certified medical records, detailed statements of damages with factual basis, and verification under oath; limits discovery to material issues and requires cost-benefit analysis before compelling responses.

• Prohibits employers from being held liable for coronavirus testing at the workplace except for gross negligence or intentional misconduct; clarifies that providing coronavirus-related policies, equipment, or benefits does not establish joint employment relationships.