Senate
File
2338
-
Enrolled
Senate
File
2338
AN
ACT
RELATING
TO
CIVIL
ACTIONS,
INCLUDING
RECOVERABLE
DAMAGES
FOR
MEDICAL
EXPENSES,
EVIDENCE
OFFERED
TO
PROVE
PAST
MEDICAL
EXPENSES,
AND
CIVIL
ACTIONS
RELATED
TO
THE
NOVEL
CORONAVIRUS,
AND
INCLUDING
RETROACTIVE
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
EVIDENCE
OF
MEDICAL
EXPENSES
AND
RECOVERABLE
DAMAGES
FOR
MEDICAL
EXPENSES
Section
1.
NEW
SECTION
.
622.4
Medical
expenses.
Evidence
offered
to
prove
past
medical
expenses
shall
be
limited
to
evidence
of
the
amounts
actually
paid
to
satisfy
the
bills
that
have
been
satisfied,
regardless
of
the
source
of
payment,
and
evidence
of
the
amounts
actually
necessary
to
satisfy
the
bills
that
have
been
incurred
but
not
yet
satisfied.
Evidence
of
the
amounts
actually
necessary
to
satisfy
the
bills
that
have
been
incurred
shall
not
exceed
Senate
File
2338,
p.
2
the
amount
by
which
the
bills
could
be
satisfied
by
the
claimant’s
health
insurance,
regardless
of
whether
such
health
insurance
is
used
or
will
be
used
to
satisfy
the
bills.
This
section
does
not
impose
upon
any
party
an
affirmative
duty
to
seek
a
reduction
in
billed
charges
to
which
the
party
is
not
contractually
entitled.
Sec.
2.
NEW
SECTION
.
668.14A
Recoverable
damages
for
medical
expenses.
1.
In
an
action
brought
to
recover
damages
for
personal
injury,
the
damages
that
may
be
recovered
by
a
claimant
for
the
reasonable
and
necessary
cost
or
value
of
medical
care
rendered
shall
not
exceed
the
sum
of
the
amounts
actually
paid
by
or
on
behalf
of
the
injured
person
to
the
health
care
providers
who
rendered
treatment
and
any
amounts
actually
necessary
to
satisfy
the
medical
care
charges
that
have
been
incurred
but
not
yet
satisfied.
2.
This
section
does
not
apply
to
actions
governed
by
section
147.136.
DIVISION
II
COVID-19
RELATED
LIABILITY
Sec.
3.
NEW
SECTION
.
686D.1
Short
title.
This
chapter
shall
be
known
and
may
be
cited
as
the
“COVID-19
Response
and
Back-to-Business
Limited
Liability
Act”
.
Sec.
4.
NEW
SECTION
.
686D.2
Definitions.
When
used
in
this
chapter,
unless
the
context
otherwise
requires:
1.
“COVID-19”
means
the
novel
coronavirus
identified
as
SARS-CoV-2,
the
disease
caused
by
the
novel
coronavirus
SARS-CoV-2
or
a
virus
mutating
therefrom,
and
conditions
associated
with
the
disease
caused
by
the
novel
coronavirus
SARS-CoV-2
or
a
virus
mutating
therefrom.
2.
“Disinfecting
or
cleaning
supplies”
means
and
includes
hand
sanitizers,
disinfectants,
sprays,
and
wipes.
3.
“Health
care
facility”
means
and
includes
all
of
the
following:
a.
A
facility
as
defined
in
section
514J.102.
b.
A
facility
licensed
pursuant
to
chapter
135B.
c.
A
facility
licensed
pursuant
to
chapter
135C.
Senate
File
2338,
p.
3
d.
Residential
care
facilities,
nursing
facilities,
intermediate
care
facilities
for
persons
with
mental
illness,
intermediate
care
facilities
for
persons
with
intellectual
disabilities,
hospice
programs,
elder
group
homes,
and
assisted
living
programs.
4.
“Health
care
professional”
means
physicians
and
other
health
care
practitioners
who
are
licensed,
certified,
or
otherwise
authorized
or
permitted
by
the
laws
of
this
state
to
administer
health
care
services
in
the
ordinary
course
of
business
or
in
the
practice
of
a
profession,
whether
paid
or
unpaid,
including
persons
engaged
in
telemedicine
or
telehealth.
“Health
care
professional”
includes
the
employer
or
agent
of
a
health
care
professional
who
provides
or
arranges
health
care.
5.
“Health
care
provider”
means
and
includes
a
health
care
professional,
health
care
facility,
home
health
care
facility,
and
any
other
person
or
facility
otherwise
authorized
or
permitted
by
any
federal
or
state
statute,
regulation,
order,
or
public
health
guidance
to
administer
health
care
services
or
treatment.
6.
“Health
care
services”
means
services
for
the
diagnosis,
prevention,
treatment,
care,
cure,
or
relief
of
a
health
condition,
illness,
injury,
or
disease.
7.
“Minimum
medical
condition”
means
a
diagnosis
of
COVID-19
that
requires
inpatient
hospitalization
or
results
in
death.
8.
“Person”
means
the
same
as
defined
in
section
4.1.
“Person”
includes
an
agent
of
a
person.
9.
“Personal
protective
equipment”
means
and
includes
protective
clothing,
gloves,
face
shields,
goggles,
facemasks,
respirators,
gowns,
aprons,
coveralls,
and
other
equipment
designed
to
protect
the
wearer
from
injury
or
the
spread
of
infection
or
illness.
10.
“Premises”
means
and
includes
any
real
property
and
any
appurtenant
building
or
structure
serving
a
commercial,
residential,
educational,
religious,
governmental,
cultural,
charitable,
or
health
care
purpose.
11.
“Public
health
guidance”
means
and
includes
written
guidance
related
to
COVID-19
issued
by
any
of
the
following:
a.
The
centers
for
disease
control
and
prevention
of
the
Senate
File
2338,
p.
4
federal
department
of
health
and
human
services.
b.
The
centers
for
Medicare
and
Medicaid
services
of
the
federal
department
of
health
and
human
services.
c.
The
federal
occupational
safety
and
health
administration.
d.
The
office
of
the
governor.
e.
Any
state
agency,
including
the
department
of
public
health.
12.
“Qualified
product”
means
and
includes
all
of
the
following:
a.
Personal
protective
equipment
used
to
protect
the
wearer
from
COVID-19
or
to
prevent
the
spread
of
COVID-19.
b.
Medical
devices,
equipment,
and
supplies
used
to
treat
COVID-19,
including
medical
devices,
equipment,
or
supplies
that
are
used
or
modified
for
an
unapproved
use
to
treat
COVID-19
or
to
prevent
the
spread
of
COVID-19.
c.
Medical
devices,
equipment,
and
supplies
used
outside
of
their
normal
use
to
treat
COVID-19
or
to
prevent
the
spread
of
COVID-19.
d.
Medications
used
to
treat
COVID-19,
including
medications
prescribed
or
dispensed
for
off-label
use
to
attempt
to
treat
COVID-19.
e.
Tests
to
diagnose
or
determine
immunity
to
COVID-19.
f.
Any
component
of
an
item
described
in
paragraphs
“a”
through
“e”
.
Sec.
5.
NEW
SECTION
.
686D.3
Actual
injury
requirement
in
civil
actions
alleging
COVID-19
exposure.
A
person
shall
not
bring
or
maintain
a
civil
action
alleging
exposure
or
potential
exposure
to
COVID-19
unless
one
of
the
following
applies:
1.
The
civil
action
relates
to
a
minimum
medical
condition.
2.
The
civil
action
involves
an
act
that
was
intended
to
cause
harm.
3.
The
civil
action
involves
an
act
that
constitutes
actual
malice.
Sec.
6.
NEW
SECTION
.
686D.4
Premises
owner’s
duty
of
care
——
limited
liability.
A
person
who
possesses
or
is
in
control
of
a
premises,
including
a
tenant,
lessee,
or
occupant
of
a
premises,
who
Senate
File
2338,
p.
5
directly
or
indirectly
invites
or
permits
an
individual
onto
a
premises,
shall
not
be
liable
for
civil
damages
for
any
injuries
sustained
from
the
individual’s
exposure
to
COVID-19,
whether
the
exposure
occurs
on
the
premises
or
during
any
activity
managed
by
the
person
who
possesses
or
is
in
control
of
a
premises,
unless
any
of
the
following
apply
to
the
person
who
possesses
or
is
in
control
of
the
premises:
1.
The
person
who
possesses
or
is
in
control
of
the
premises
recklessly
disregards
a
substantial
and
unnecessary
risk
that
the
individual
would
be
exposed
to
COVID-19.
2.
The
person
who
possesses
or
is
in
control
of
the
premises
exposes
the
individual
to
COVID-19
through
an
act
that
constitutes
actual
malice.
3.
The
person
who
possesses
or
is
in
control
of
the
premises
intentionally
exposes
the
individual
to
COVID-19.
Sec.
7.
NEW
SECTION
.
686D.5
Safe
harbor
for
compliance
with
regulations,
executive
orders,
or
public
health
guidance.
A
person
in
this
state
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,
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.
Sec.
8.
NEW
SECTION
.
686D.6
Liability
of
health
care
providers.
1.
A
health
care
provider
shall
not
be
liable
for
civil
damages
for
causing
or
contributing,
directly
or
indirectly,
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.
This
subsection
shall
apply
to
all
of
the
following:
a.
Injury
or
death
resulting
from
screening,
assessing,
diagnosing,
caring
for,
or
treating
individuals
with
a
suspected
or
confirmed
case
of
COVID-19.
b.
Prescribing,
administering,
or
dispensing
a
pharmaceutical
for
off-label
use
to
treat
a
patient
with
a
suspected
or
confirmed
case
of
COVID-19.
Senate
File
2338,
p.
6
c.
Acts
or
omissions
while
providing
health
care
to
individuals
unrelated
to
COVID-19
when
those
acts
or
omissions
support
the
state’s
response
to
COVID-19,
including
any
of
the
following:
(1)
Delaying
or
canceling
nonurgent
or
elective
dental,
medical,
or
surgical
procedures,
or
altering
the
diagnosis
or
treatment
of
an
individual
in
response
to
any
federal
or
state
statute,
regulation,
order,
or
public
health
guidance.
(2)
Diagnosing
or
treating
patients
outside
the
normal
scope
of
the
health
care
provider’s
license
or
practice.
(3)
Using
medical
devices,
equipment,
or
supplies
outside
of
their
normal
use
for
the
provision
of
health
care,
including
using
or
modifying
medical
devices,
equipment,
or
supplies
for
an
unapproved
use.
(4)
Conducting
tests
or
providing
treatment
to
any
individual
outside
the
premises
of
a
health
care
facility.
(5)
Acts
or
omissions
undertaken
by
a
health
care
provider
because
of
a
lack
of
staffing,
facilities,
medical
devices,
equipment,
supplies,
or
other
resources
attributable
to
COVID-19
that
renders
the
health
care
provider
unable
to
provide
the
level
or
manner
of
care
to
any
person
that
otherwise
would
have
been
required
in
the
absence
of
COVID-19.
(6)
Acts
or
omissions
undertaken
by
a
health
care
provider
relating
to
use
or
nonuse
of
personal
protective
equipment.
2.
This
section
shall
not
relieve
any
person
of
liability
for
civil
damages
for
any
act
or
omission
which
constitutes
recklessness
or
willful
misconduct.
Sec.
9.
NEW
SECTION
.
686D.7
Supplies,
equipment,
and
products
designed,
manufactured,
labeled,
sold,
distributed,
and
donated
in
response
to
COVID-19.
1.
Any
person
that
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.
Senate
File
2338,
p.
7
2.
Any
person
that
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
a
failure
to
provide
proper
instructions
or
sufficient
warnings.
3.
This
section
shall
not
apply
in
the
event
of
any
of
the
following:
a.
The
person
that
designs,
manufactures,
labels,
sells,
distributes,
or
donates
household
disinfecting
or
cleaning
supplies,
personal
protective
equipment,
or
a
qualified
product
had
actual
knowledge
of
a
defect
in
the
household
disinfecting
or
cleaning
supplies,
personal
protective
equipment,
or
a
qualified
product
when
put
to
the
use
for
which
the
household
disinfecting
or
cleaning
supplies,
personal
protective
equipment,
or
a
qualified
product
was
designed,
manufactured,
sold,
distributed,
or
donated,
and
the
person
recklessly
disregarded
a
substantial
and
unnecessary
risk
that
the
household
disinfecting
or
cleaning
supplies,
personal
protective
equipment,
or
a
qualified
product
would
cause
serious
personal
injury,
death,
or
serious
property
damage.
b.
The
person
that
designs,
manufactures,
labels,
sells,
distributes,
or
donates
household
disinfecting
or
cleaning
supplies,
personal
protective
equipment,
or
a
qualified
product
acted
with
actual
malice.
Sec.
10.
NEW
SECTION
.
686D.8
Construction.
This
chapter
shall
not
be
construed
to
do
any
of
the
following:
1.
Create,
recognize,
or
ratify
a
claim
or
cause
of
action
of
any
kind.
2.
Eliminate
or
satisfy
a
required
element
of
a
claim
or
cause
of
action
of
any
kind.
3.
Affect
the
rights
or
limits
under
workers’
compensation
as
provided
in
chapter
85,
85A,
or
85B,
or
the
rights
or
limits
related
to
police
officers
or
fire
fighters
under
chapter
410
or
411.
4.
Abrogate,
amend,
repeal,
alter,
or
affect
any
statutory
or
common
law
immunity
or
limitation
of
liability.
Senate
File
2338,
p.
8
Sec.
11.
RETROACTIVE
APPLICABILITY.
This
division
of
this
Act
applies
retroactively
to
January
1,
2020.
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2338,
Eighty-eighth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2020
______________________________
KIM
REYNOLDS
Governor