Illinois General Assembly - Full Text of SB2140
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Full Text of SB2140  102nd General Assembly

SB2140 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2140

 

Introduced 2/26/2021, by Sen. Dan McConchie

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the COVID-19 Limited Liability Act. Provides that a person shall not bring or maintain a civil action alleging exposure or potential exposure to COVID-19 unless: the civil action relates to a minimum medical condition; the civil action involves an act that was intended to cause harm; or the civil action involves an act that constitutes actual malice. Provides, with exceptions, that a person who possesses or is in control of a premises shall not be liable for civil damages for any injuries sustained from the individual's exposure to COVID-19. Provides that a person shall not be held liable for civil damages for any injuries sustained from exposure or potential exposure to COVID-19 if the act or omission alleged to violate a duty of care was in substantial compliance or was consistent with any federal or State statute, rule, regulation, order, or public health guidance related to COVID-19 that was applicable to the person or activity at issue at the time of the alleged exposure or potential exposure. Provides that a health care provider shall not be liable for civil damages for causing or contributing to the death or injury of an individual as a result of the health care provider's acts or omissions while providing or arranging health care in support of the State's response to COVID-19. Provides that any person who designs, manufactures, labels, sells, distributes, or donates household disinfecting or cleaning supplies, personal protective equipment, or a qualified product in response to COVID-19 shall not be liable in a civil action alleging personal injury, death, or property damage caused by or resulting from: the design, manufacturing, labeling, selling, distributing, or donating of the household disinfecting or cleaning supplies, personal protective equipment, or a qualified product; or a failure to provide proper instructions or sufficient warnings. Provides that the Act applies retroactively to January 1, 2020.


LRB102 11485 LNS 16819 b

 

 

A BILL FOR

 

SB2140LRB102 11485 LNS 16819 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5COVID-19 Limited Liability Act.
 
6    Section 5. Definitions. As used in this Act:
7    "COVID-19" means the novel coronavirus identified as
8SARS-CoV-2, the disease caused by the novel coronavirus
9SARS-CoV-2, or a virus mutating therefrom, and conditions
10associated with the disease caused by the novel coronavirus
11SARS-CoV-2 or a virus mutating therefrom.
12    "Disinfecting or cleaning supplies" means hand sanitizers,
13disinfectants, sprays, and wipes.
14    "Health care facility" means an institution providing
15health care services or a health care setting, including, but
16not limited to, hospitals and other licensed inpatient
17centers, ambulatory surgical treatment centers, long-term care
18facilities, as defined by Section 1-113 of the Nursing Home
19Care Act, skilled nursing centers, residential treatment
20centers, diagnostic, laboratory, and imaging centers,
21rehabilitation and other therapeutic health settings, and
22residential care facilities, nursing facilities, intermediate
23care facilities for persons with mental illness, intermediate

 

 

SB2140- 2 -LRB102 11485 LNS 16819 b

1care facilities for persons with intellectual disabilities,
2hospice programs, elder group homes, and assisted living
3programs.
4    "Health care professional" means physicians and other
5health care practitioners who are licensed, certified, or
6otherwise authorized or permitted by the laws of this State to
7administer health care services in the ordinary course of
8business or in the practice of a profession, whether paid or
9unpaid, including persons engaged in telemedicine or
10telehealth. "Health care professional" includes the employer
11or agent of a health care professional who provides or
12arranges health care.
13    "Health care provider" means a health care professional,
14health care facility, home health care facility, and any other
15person or facility otherwise authorized or permitted by any
16federal or State statute, regulation, rule, order, or public
17health guidance to administer health care services or
18treatment.
19    "Health care services" means services for the diagnosis,
20prevention, treatment, care, cure, or relief of a health
21condition, illness, injury, or disease.
22    "Minimum medical condition" means a diagnosis of COVID-19
23that requires inpatient hospitalization or results in death.
24    "Person" means an individual, corporation, limited
25liability company, government or governmental subdivision or
26agency, business trust, estate, trust, partnership or

 

 

SB2140- 3 -LRB102 11485 LNS 16819 b

1association, or any other legal entity. "Person" includes an
2agent of a person.
3    "Personal protective equipment" means protective clothing,
4gloves, face shields, goggles, face masks, respirators, gowns,
5aprons, coveralls, and other equipment designed to protect the
6wearer from injury or the spread of infection or illness.
7    "Premises" means any real property and any appurtenant
8building or structure serving a commercial, residential,
9educational, religious, governmental, cultural, charitable, or
10health care purpose.
11    "Public health guidance" means written guidance related to
12COVID-19 issued by:
13        (1) the Centers for Disease Control and Prevention of
14    the federal Department of Health and Human Services;
15        (2) the Centers for Medicare and Medicaid Services of
16    the federal Department of Health and Human Services;
17        (3) the federal Occupational Safety and Health
18    Administration;
19        (4) the office of the Governor; or
20        (5) any State agency, including the Department of
21    Public Health.
22    "Qualified product" means:
23        (1) personal protective equipment used to protect the
24    wearer from COVID-19 or to prevent the spread of COVID-19;
25        (2) medical devices, equipment, and supplies used to
26    treat COVID-19, including medical devices, equipment, or

 

 

SB2140- 4 -LRB102 11485 LNS 16819 b

1    supplies that are used or modified for an unapproved use
2    to treat COVID-19 or to prevent the spread of COVID-19;
3        (3) medical devices, equipment, and supplies used
4    outside of their normal use to treat COVID-19 or to
5    prevent the spread of COVID-19,;
6        (4) medications used to treat COVID-19, including
7    medication prescribed or dispensed for off-label use to
8    attempt to treat COVID-19;
9        (5) tests to diagnose or determine immunity to
10    COVID-19; or
11        (6) any component of an item described in items (1)
12    through (5) of this definition.
 
13    Section 10. Actual injury requirement in civil actions
14alleging COVID-19 exposure. A person shall not bring or
15maintain a civil action alleging exposure or potential
16exposure to COVID-19 unless:
17    (1) the civil action relates to a minimum medical
18condition;
19    (2) the civil action involves an act that was intended to
20cause harm; or
21    (3) the civil action involves an act that constitutes
22actual malice.
 
23    Section 15. Premises owner's duty of care; limited
24liability. A person who possesses or is in control of a

 

 

SB2140- 5 -LRB102 11485 LNS 16819 b

1premises, including a tenant, lessee, or occupant of a
2premises, who directly or indirectly invites or permits an
3individual onto a premises, shall not be liable for civil
4damages for any injuries sustained from an individual's
5exposure to COVID-19, whether the exposure occurs on the
6premises or during any activity managed by the person who
7possesses or is in control of a premises, unless the person who
8possesses or is in control of the premises:
9    (1) recklessly disregards a substantial and unnecessary
10risk that the individual would be exposed to COVID-19;
11    (2) exposes the individual to COVID-19 through an act that
12constitutes actual malice; or
13    (3) intentionally exposes the individual to COVID-19.
 
14    Section 20. Safe harbor for compliance with regulations,
15executive orders, or public health guidance. A person in this
16State shall not be held liable for civil damages for any
17injuries sustained from exposure or potential exposure to
18COVID-19 if the act or omission alleged to violate a duty of
19care was in substantial compliance or was consistent with any
20federal or State statute, rule, regulation, order, or public
21health guidance related to COVID-19 that was applicable to the
22person or activity at issue at the time of the alleged exposure
23or potential exposure.
 
24    Section 25. Liability of health care providers.

 

 

SB2140- 6 -LRB102 11485 LNS 16819 b

1    (a) A health care provider shall not be liable for civil
2damages for causing or contributing, directly or indirectly,
3to the death or injury of an individual as a result of the
4health care provider's acts or omissions while providing or
5arranging health care in support of the State's response to
6COVID-19. This applies to:
7        (1) injury or death resulting from screening,
8    assessing, diagnosing, care for, or treating individuals
9    with a suspected or confirmed case of COVID-19;
10        (2) prescribing, administering, or dispensing a
11    pharmaceutical for off-label use to treat a patient with a
12    suspected or confirmed case of COVID-19; or
13        (3) acts or omissions while providing health care to
14    individuals unrelated to COVID-19 when those acts or
15    omissions support the State's response to COVID-19,
16    including:
17            (i) delaying or canceling nonurgent or elective
18        dental, medical, or surgical procedures, or altering
19        the diagnosis or treatment of an individual in
20        response to any federal or State statute, rule,
21        regulation, order, or public health guidance;
22            (ii) diagnosing or treating patients outside the
23        normal scope of the health care provider's license or
24        practice;
25            (iii) using medical devices, equipment, or
26        supplies outside of their normal use for the provision

 

 

SB2140- 7 -LRB102 11485 LNS 16819 b

1        of health care, including using or modifying medical
2        devices, equipment, or supplies for unapproved use;
3            (iv) conducting tests or providing treatment to
4        any individual outside the premises of a health care
5        facility;
6            (v) acts or omissions undertaken by a health care
7        provider because of a lack of staffing, facilities,
8        medical devices, equipment, supplies, or other
9        resources attributable to COVID-19 that renders the
10        health care provider unable to provide the level or
11        manner of care to any person that otherwise would have
12        been required in the absence of COVID-19; or
13            (vi) acts or omissions undertaken by a health care
14        provider relating to use or nonuse of personal
15        protective equipment.
16    (b) This Section shall not relieve any person of liability
17for civil damages for any act or omission that constitutes
18recklessness or willful misconduct.
 
19    Section 30. Supplies, equipment, and products designed,
20manufactured, labeled, sold, distributed, and donated in
21response to COVID-19.
22    (a) Any person who designs, manufactures, labels, sells,
23distributes, or donates household disinfecting or cleaning
24supplies, personal protective equipment, or a qualified
25product in response to COVID-19 shall not be liable in a civil

 

 

SB2140- 8 -LRB102 11485 LNS 16819 b

1action alleging personal injury, death, or property damage
2caused by or resulting from the design, manufacturing,
3labeling, selling, distributing, or donating of the household
4disinfecting or cleaning supplies, personal protective
5equipment, or a qualified product.
6    (b) Any person who designs, manufactures, labels, sells,
7distributes, or donates household disinfecting or cleaning
8supplies, personal protective equipment, or a qualified
9product in response to COVID-19 shall not be liable in a civil
10action alleging personal injury, death, or property damage
11caused by or resulting from a failure to provide proper
12instructions or sufficient warnings.
13    (c) This Section does not apply if:
14        (1) the person who designs, manufactures, labels,
15    sells, distributes, or donates household disinfecting or
16    cleaning supplies, personal protective equipment, or a
17    qualified product has actual knowledge of a defect in the
18    household disinfecting or cleaning supplies, personal
19    protective equipment, or a qualified product when put to
20    the use for which the household disinfecting or cleaning
21    supplies, personal protective equipment, or a qualified
22    product was designed, manufactured, sold, distributed, or
23    donated, and the person recklessly disregarded a
24    substantial and unnecessary risk that the household
25    disinfecting or cleaning supplies, personal protective
26    equipment, or a qualified product would cause serious

 

 

SB2140- 9 -LRB102 11485 LNS 16819 b

1    personal injury, death, or serious property damage; or
2        (2) the person who designs, manufactures, labels,
3    sells, distributes, or donates household disinfecting or
4    cleaning supplies, personal protective equipment, or a
5    qualified product acts with actual malice.
 
6    Section 35. Construction. This Act shall not be construed
7to:
8    (1) create, recognize, or ratify a claim or cause of
9action of any kind;
10    (2) eliminate or satisfy a required element of a claim or
11cause of action of any kind;
12    (3) affect the rights or limits under the Workers'
13Compensation Act, or the rights or limits related to police
14officers or firefighters under the laws of this State; or
15    (4) abrogate, amend, repeal, alter, or affect any
16statutory or common law immunity or limitation of liability.
 
17    Section 40. Applicability. This Act applies retroactively
18to January 1, 2020.