HB 1002 IN

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Became Law

Protects health care providers from professional discipline for certain acts or omissions arising from a disaster emergency unless the act or omission constitutes gross negligence, willful or wanton misconduct, or intentional misrepresentation. Provides that a health care provider is not protected from professional discipline for actions that are outside the skills, education, and training of the health care provider, unless certain circumstances apply. Specifies that orders and recommendations issued by local, state, and federal government agencies and officials during a state disaster emergency do not create new causes of action or new legal duties. Specifies that the orders and recommendations are presumed irrelevant to the issue of the existence of a duty or breach of a duty. Prohibits filing a class action lawsuit against a defendant in a civil action allowed by the statute. Specifies that a governmental entity or employee is not liable if a loss results from an act or omission arising from COVID-19 unless the act or omission constitutes gross negligence, willful or wanton misconduct, or intentional misrepresentation. Provides that a person is not liable to a claimant for loss, damage, injury, or death arising from COVID-19 unless the claimant proves that the person caused the loss, damage, injury, or death by an act or omission constituting gross negligence, willful or wanton misconduct, or intentional misrepresentation. Provides immunity from civil liability to certain persons, entities, and facilities providing health care and other services for certain acts or omissions related to the provision of health care services and other services during a state disaster emergency. Extends COVID-19 health care immunity during periods of disaster emergency after February 29, 2020, and before April 1, 2022. Resolves conflicts between SEA 1 and HB 1002.

• Jerry Torr · author
• Liz Brown Republican · sponsor
• Aaron Freeman Republican · sponsor
• Mark Messmer · sponsor

1. Jan 4, 2021 Coauthored by Representatives Young J, Jeter, Lehman · lower
2. Jan 4, 2021 Authored by Representative Torr · lower
3. Jan 4, 2021 First reading: referred to Committee on Judiciary · lower
4. Jan 26, 2021 Committee report: amend do pass, adopted · lower
5. Jan 28, 2021 Amendment #2 (DeLaney) failed; Roll Call 11: yeas 28, nays 65 · lower
6. Jan 28, 2021 Second reading: ordered engrossed · lower
7. Feb 1, 2021 Third reading: passed; Roll Call 23: yeas 76, nays 21 · lower
8. Feb 1, 2021 Senate sponsors: Senators Messmer, Brown L, Freeman · lower
9. Feb 2, 2021 Referred to the Senate · lower
10. Feb 23, 2021 First reading: referred to Committee on Judiciary · upper
11. Apr 1, 2021 Committee report: amend do pass, adopted · upper
12. Apr 5, 2021 Amendment #1 (Brown L) prevailed; voice vote · upper
13. Apr 5, 2021 Second reading: amended, ordered engrossed · upper
14. Apr 5, 2021 Senator Kruse added as cosponsor · upper
15. Apr 6, 2021 Third reading: passed; Roll Call 349: yeas 41, nays 9 · upper
16. Apr 6, 2021 Senator Koch added as cosponsor · upper
17. Apr 7, 2021 Returned to the House with amendments · upper
18. Apr 14, 2021 Motion to concur filed · lower
19. Apr 14, 2021 House concurred in Senate amendments; Roll Call 443: yeas 58, nays 21 · lower
20. Apr 16, 2021 Signed by the Speaker · lower
21. Apr 20, 2021 Signed by the President Pro Tempore · upper
22. Apr 28, 2021 Signed by the President of the Senate · upper
23. Apr 29, 2021 Signed by the Governor · executive
24. Apr 29, 2021 Public Law 166 · lower

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Enrolled House Bill (H) · Apr 14, 2021 · PDF
• Introduced House Bill (H) · Dec 30, 2020 · PDF
• House Bill (H) · Jan 26, 2021 · PDF
• House Bill (S) · Apr 1, 2021 · PDF
• Engrossed House Bill (S) · Apr 5, 2021 · PDF