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MS SB3049

Bill

Status

Passed

7/8/2020

Primary Sponsor

Sally Doty

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Origin

Senate

2020 Regular Session

AI Summary

  • Provides broad civil liability immunity to health care professionals and health care facilities for acts or omissions during a COVID-19 state of emergency, including delayed procedures, off-label prescriptions, equipment use outside normal purposes, and staffing shortages.

  • Grants immunity from suit to any person attempting in good faith to follow public health guidance regarding COVID-19 exposure, and to premises owners who invite persons onto their property while following such guidance.

  • Immunizes persons who design, manufacture, sell, distribute, or donate qualified products (personal protective equipment, medical devices, COVID-19 tests, medications) and disinfecting supplies in response to COVID-19.

  • Exempts immunity from applicability only where plaintiff proves by clear and convincing evidence that defendant acted with actual malice or willful, intentional misconduct.

  • Takes effect retroactively from March 14, 2020, and expires one year after the end of the COVID-19 state of emergency, though civil liability for injuries occurring during the act's operation remains subject to its protections indefinitely.

Legislative Description

Mississippi Back-to-Business Liability Assurance and Health Care Emergency Response Liability Protection Act; create.

Last Action

Approved by Governor

7/8/2020

Committee Referrals

Rules6/29/2020
Judiciary, Division A6/22/2020

Full Bill Text

No bill text available