SF 512

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 10:05am

A bill for an act
relating to health care; specifying immunity from liability based on the level or
manner of care due to the COVID-19 peacetime emergency; proposing coding for
new law in Minnesota Statutes, chapter 12.

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

Section 1.

new text begin [12.62] COVID-19 PEACETIME EMERGENCY; IMMUNITY FROM
LIABILITY BASED ON LEVEL OR MANNER OF CARE.
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) "Health care facility" means any facility providing health care services, including
but not limited to hospitals, nursing homes, medical clinics, and medical laboratories.
new text end

new text begin (c) "Health care provider" means any health care professional who provides health care
services, including but not limited to physicians, physician assistants, advanced practice
registered nurses, registered nurses, licensed practical nurses, certified nursing assistants,
respiratory therapists, pharmacists, and laboratory technicians.
new text end

new text begin (d) "Peacetime public health emergency" means the peacetime emergency declared by
the governor under section 12.31, subdivision 2, that relates to the infectious disease known
as COVID-19.
new text end

new text begin (e) "Responder" means any of the following, regardless of whether they provide paid
or volunteer health care services:
new text end

new text begin (1) health care facilities;
new text end

new text begin (2) health care providers; and
new text end

new text begin (3) ambulance services, including emergency medical technicians, members of a
specialized medical 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.
new text end

new text begin Subd. 2. new text end

new text begin Level and manner of care; civil immunity. new text end

new text begin (a) This section applies to claims
arising from acts or omissions occurring during the peacetime public health emergency or
within 60 days after termination of the public health emergency. A responder, acting in
good faith, is not liable for civil damages arising out of the level or manner of care that is
the subject of a claim to the extent that the public health emergency affected the ability to
provide the care that would otherwise be required in the absence of the public health
emergency.
new text end

new text begin (b) This subdivision only applies to the level or manner of care that is affected by the
peacetime public health emergency under the following circumstances:
new text end

new text begin (1) insufficient availability of personal protective equipment, ventilators, medications,
blood products, supplies, equipment, tests and testing supplies, or hospital beds;
new text end

new text begin (2) insufficient availability of trained staff;
new text end

new text begin (3) delivery of care by responders that exceeds the scope of their credentials at the
hospital or other health care facility at which they deliver services or exceeds the scope of
the services that they normally provide, provided that the care is included in the scope of
their licensure;
new text end

new text begin (4) implementation or execution of triage protocols or scarce resource allocation policies
necessitated by crisis standards of care;
new text end

new text begin (5) use of supplies or equipment in ways that are different from the way that these
supplies and equipment are normally used; and
new text end

new text begin (6) treatment decisions based on compliance with Executive Order 20-09 or other federal,
state, or local directives restricting the provision of certain nonessential or elective health
care services.
new text end

new text begin Subd. 3. new text end

new text begin Administrative immunity. new text end

new text begin A licensing agency must not impose an
administrative sanction or penalty, including a correction order, upon a responder based on
an act or omission for which a responder would be immune from civil liability under
subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Exception. new text end

new text begin This section does not apply to:
new text end

new text begin (1) acts or omissions constituting intentional or reckless misconduct or gross negligence;
or
new text end

new text begin (2) claims under section 144.651, chapter 363A, or sections 626.557 to 626.5573.
new text end

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