SF 4603

as introduced - 91st Legislature (2019 - 2020) Posted on 05/16/2020 08:01am

A bill for an act
relating to health care; providing criminal, civil, and administrative immunity to
persons engaged in health care services during the peacetime public health
emergency; 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.45] CRIMINAL, CIVIL, AND ADMINISTRATIVE IMMUNITY
FOR HEALTH CARE SERVICES; 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.
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new text begin (b) "Health care provider organization" means any licensed organization providing health
care services including, but not limited to, hospitals, medical clinics, dental clinics, medical
laboratories, dispatch services, and ambulance services.
new text end

new text begin (c) "Health care services" means services provided by a responder, regardless of the
location of where those services are provided, that relate to:
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new text begin (1) the diagnosis, prevention, or treatment of COVID-19;
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new text begin (2) the assessment or care of an individual with a confirmed or suspected case of
COVID-19; or
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new text begin (3) the care, treatment, services, or procedures to maintain, diagnose, or otherwise affect
the physical or mental condition of any other individual seeking assistance from a responder
during the peacetime public health emergency.
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new text begin (d) "Home care service provider" means any certified home health agency, enrolled
personal care assistance provider agency, or licensed home care provider.
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new text begin (e) "Long-term care facility" means any licensed boarding care home, nursing home, or
adult day center, or any registered housing with services establishment.
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new text begin (f) "Peacetime public health emergency" means any peacetime emergency declared by
the governor in an executive order that relates to the infectious disease known as COVID-19.
new text end

new text begin (g) "Responder" means any person or organization whether paid or volunteer that provides
health care services or other health-related services including:
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new text begin (1) health care provider organizations and physicians, physician assistants, registered
and other nurses, certified nursing assistants, and other staff within a health care provider
organization;
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new text begin (2) long-term care facilities and physicians, physician assistants, pharmacists, registered
and other nurses, certified nursing assistants, therapists, therapist's assistants, and other
licensed or unlicensed direct care staff of a long-term care facility;
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new text begin (3) home care service providers and registered and other nurses, certified home health
aids, therapists, therapist's assistants, certified personal care assistants, and other licensed
or unlicensed direct care staff of a home care provider;
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new text begin (4) optometrists, pharmacists, chiropractors, dentists, laboratory technicians, morticians,
and mental health professionals; and
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new text begin (5) emergency medical technicians, members of a specialized medical response unit,
ambulance services personnel, registered first responders, and persons not registered as first
responders but affiliated with a medical response unit and dispatched by a public safety
answering point or licensed ambulance service.
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new text begin Subd. 2. new text end

new text begin Immunity. new text end

new text begin Notwithstanding any law to the contrary, except as provided in
subdivision 3, a responder, acting in good faith, is immune from criminal, civil, or
administrative liability for any harm or damages resulting from the responder's act or
omission in the course of performing duties related to the provision of health care services,
including providing, allocating, withdrawing, or delaying health care services, arising out
of the state's response to the COVID-19 outbreak during the peacetime public health
emergency.
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new text begin Subd. 3. new text end

new text begin Exception. new text end

new text begin Subdivision 2 does not apply if the harm or damages were caused
by an act or omission constituting intentional or reckless misconduct or gross negligence.
For purposes of this subdivision, an act or omission resulting from a resource or staffing
shortage does not constitute intentional or reckless misconduct or gross negligence.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies retroactively to acts or omissions occurring on or after March 13, 2020.
new text end