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HF 1198

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/25/2021 05:49pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to civil actions; limiting liability for products and supplies made, sold, or
donated in response to COVID-19; providing minimum injury requirements for
claims related to COVID-19; addressing premises liability related to COVID-19;
precluding liability when conduct complies with government-issued guidance
related to COVID-19; proposing coding for new law in Minnesota Statutes, chapter
604A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [604A.50] PRODUCTS IN RESPONSE TO COVID-19; LIABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (b) "Essential business" means a person or entity:
new text end

new text begin (1) within a critical sector identified by Executive Order 20-48 filed on May 1, 2020,
and any subsequent orders or amendments thereto; or
new text end

new text begin (2) within an essential critical infrastructure sector as defined by United States Department
of Homeland Security Guidance on the Essential Critical Infrastructure Workforce, dated
April 17, 2020.
new text end

new text begin (c) "First responder" means state and local law enforcement personnel, fire department
personnel, and emergency medical personnel. First responder includes any person authorized
by executive order to deploy in response to the COVID-19 pandemic.
new text end

new text begin (d) "Health care facility" means:
new text end

new text begin (1) any licensed facility providing health care services including, but not limited to, a
hospital, clinic, outpatient surgery center, dialysis center, hospice, or nursing home; or
new text end

new text begin (2) any temporary alternative health care facility established by the commissioner of
health.
new text end

new text begin (e) "Health care professional" means:
new text end

new text begin (1) any person licensed, credentialed, or registered by a health licensing board, whether
paid or unpaid, including persons engaged in telemedicine or telehealth, and any employee,
agent, or contractor of such person;
new text end

new text begin (2) any emergency medical technician;
new text end

new text begin (3) any person authorized to provide health care services during a declared peacetime
public health emergency related to COVID-19; and
new text end

new text begin (4) an employer, agent, or health care professional who provides or arranges health care
services.
new text end

new text begin (f) "Household cleaning or disinfecting supplies" includes, but is not limited to, hand
sanitizers, disinfectants, sprays, and wipes.
new text end

new text begin (g) "Person" means an individual, association, for-profit or nonprofit entity, religious
organization, or charitable organization and their officials, agents, and employees.
new text end

new text begin (h) "Personal protective equipment" means coveralls, face shields, gloves, gowns, masks,
respirators, or other equipment designed to protect the wearer from the spread of infection
or illness.
new text end

new text begin (i) "Qualified product" means:
new text end

new text begin (1) personal protective equipment used to protect the wearer from COVID-19 or the
spread of COVID-19;
new text end

new text begin (2) medical devices, equipment, and supplies used to diagnose or treat COVID-19,
including products that are used or modified for an unapproved use to diagnose or treat
COVID-19 or prevent the spread of COVID-19;
new text end

new text begin (3) medical devices, equipment, or supplies used outside of the product's normal use to
treat COVID-19 or to prevent the spread of COVID-19;
new text end

new text begin (4) medications used to treat COVID-19, including medications prescribed or dispensed
for off-label use to attempt to treat COVID-19;
new text end

new text begin (5) tests to diagnose or determine prior exposure or immunity to COVID-19;
new text end

new text begin (6) components and constituent materials of a qualified product; and
new text end

new text begin (7) products and technologies used to enhance the use or effect of a qualified product.
new text end

new text begin Subd. 2. new text end

new text begin Liability limited. new text end

new text begin (a) Any person who designs, manufactures, labels, sells,
distributes, or donates a qualified product in response to COVID-19 that is used by a
government entity, health care professional, health care facility, first responder, or essential
business shall not be liable in a civil action alleging an act or omission arising out of or
relating to the administration or use of a qualified product.
new text end

new text begin (b) Any person who designs, manufactures, labels, sells, distributes, or donates household
cleaning or disinfecting supplies or personal protective equipment in response to COVID-19
who does not design or manufacture such products in the ordinary course of the person's
business shall not be liable in a civil action alleging an act or omission arising out of or
relating to the administration or use of the product.
new text end

new text begin Subd. 3. new text end

new text begin Exception. new text end

new text begin Subdivision 2 does not apply to any person who:
new text end

new text begin (1) had actual knowledge that the qualified product, household cleaning or disinfecting
supply, or personal protective equipment was defective when put to the use for which the
product, supply, or equipment was manufactured, sold, distributed, or donated; and
new text end

new text begin (2) acted with complete indifference to or conscious disregard of a substantial and
unnecessary risk that the qualified product, household cleaning or disinfecting supply, or
personal protective equipment would cause serious injury to others, or acted with intent to
cause harm.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 13, 2020, and
applies to causes of action accruing on or after that date.
new text end

Sec. 2.

new text begin [604A.51] MINIMUM INJURY REQUIREMENT; COVID-19.
new text end

new text begin Subdivision 1. new text end

new text begin Minimum injury required; exception. new text end

new text begin (a) No person may file a civil
action alleging injury, damage, death of a person, or economic loss related to COVID-19
if that person was:
new text end

new text begin (1) not diagnosed with or did not experience symptoms consistent with COVID-19;
new text end

new text begin (2) diagnosed with COVID-19 when that person was asymptomatic; or
new text end

new text begin (3) diagnosed with COVID-19 but that person did not require inpatient hospitalization
or experience a serious illness or death. For purposes of this section, "serious illness" means
a medical illness, physical injury, or condition that causes an inability to engage in a person's
usual or customary daily activities for at least 14 days.
new text end

new text begin (b) This section does not apply to acts or omissions committed with intent to cause harm
or threaten exposure to COVID-19.
new text end

new text begin Subd. 2. new text end

new text begin Effect on other law. new text end

new text begin Nothing in this section shall eliminate a required element
of any claim.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 13, 2020, and
applies to causes of action accruing on or after that date.
new text end

Sec. 3.

new text begin [604A.52] NO DUTY OF CARE OWED; LIMITED LIABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin No duty of care. new text end

new text begin An owner, lessor, lessee, or occupant of commercial,
business, industrial, governmental, recreational, or residential premises, who directly or
indirectly invites or permits any person onto the premises, owes no duty to:
new text end

new text begin (1) eliminate or reduce the risk related to COVID-19; or
new text end

new text begin (2) warn persons entering the premises of a risk related to COVID-19.
new text end

new text begin Subd. 2. new text end

new text begin Liability limited. new text end

new text begin An owner, lessor, lessee, or occupant of commercial, business,
industrial, governmental, recreational, or residential premises is not liable for injury, damage,
death of a person, or economic loss related to COVID-19 unless the owner, lessor, lessee,
or occupant:
new text end

new text begin (1) acts in a willful and wanton or reckless manner by disregarding a substantial and
unnecessary risk that a person would be exposed to or contract COVID-19; or
new text end

new text begin (2) intentionally causes the person to be exposed to or contract COVID-19.
new text end

new text begin Subd. 3. new text end

new text begin Exemption. new text end

new text begin This section does not apply to workers' compensation claims under
chapter 176.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 13, 2020, and
applies to causes of action accruing on or after that date.
new text end

Sec. 4.

new text begin [604A.53] SAFE HARBOR FOR COMPLIANCE WITH GOVERNMENT
GUIDANCE; COVID-19.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (b) "Person" means an individual, association, for-profit or nonprofit entity, religious
organization, or charitable organization and their officials, agents, and employees.
new text end

new text begin (c) "Guidance" means recommendations, policies, procedures, regulations, or executive
orders related to COVID-19 issued by a federal, state, or local government agency in writing.
new text end

new text begin Subd. 2. new text end

new text begin Effect of compliance on liability. new text end

new text begin Any person conducting business in this state
shall not be liable in a civil action for injury, damage, death of a person, or economic loss
related to COVID-19 if the act or omission at issue complied or was consistent with guidance
applicable at the time of the alleged act or omission. If two or more guidances are applicable
to the same alleged act or omission, this section applies if the act or omission at issue
complied or was consistent with any written guidance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 13, 2020, and
applies to causes of action accruing on or after that date.
new text end