IN HB1002 | 2021 | Regular Session

Status

Spectrum: Partisan Bill (Republican 7-0)
Status: Engrossed on February 2 2021 - 50% progression
Action: 2021-02-23 - First reading: referred to Committee on Judiciary
Pending: Senate Judiciary Committee
Text: Latest bill text (Amended) [PDF]

Summary

Civil immunity related to COVID-19. 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. Specifies that the orders and recommendations are inadmissible at trial to establish that a new cause of action has been created or proof of a duty or a 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 by clear and convincing evidence 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.

Tracking Information

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Title

Civil immunity related to COVID-19.

Sponsors


Roll Calls

2021-02-01 - House - House - Third reading (Y: 76 N: 21 NV: 1 Abs: 2) [PASS]
2021-01-28 - House - House - Amendment #2 (DeLaney) failed (Y: 28 N: 65 NV: 2 Abs: 5) [FAIL]
2021-01-25 - House - House - Committee Vote (Y: 9 N: 3 NV: 0 Abs: 1) [PASS]

History

DateChamberAction
2021-02-23SenateFirst reading: referred to Committee on Judiciary
2021-02-02HouseReferred to the Senate
2021-02-01HouseSenate sponsors: Senators Messmer, Brown L, Freeman
2021-02-01HouseThird reading: passed; Roll Call 23: yeas 76, nays 21
2021-01-28HouseAmendment #2 (DeLaney) failed; Roll Call 11: yeas 28, nays 65
2021-01-28HouseSecond reading: ordered engrossed
2021-01-26HouseCommittee report: amend do pass, adopted
2021-01-04HouseFirst reading: referred to Committee on Judiciary
2021-01-04HouseCoauthored by Representatives Young J, Jeter, Lehman
2021-01-04HouseAuthored by Representative Torr

Indiana State Sources

TypeSource
Summaryhttp://iga.in.gov/legislative/2021/bills/house/1002/
Texthttp://iga.in.gov/static-documents/e/5/7/0/e5701b8f/HB1002.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/a/b/4/b/ab4bf566/HB1002.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/4/3/7/4/43745833/HB1002.02.COMH.pdf
Amendmenthttp://iga.in.gov/static-documents/c/0/e/5/c0e5282a/HB1002.02.COMH.AMH001.pdf
Amendmenthttp://iga.in.gov/static-documents/7/7/c/6/77c6660c/HB1002.02.COMH.AMH002.pdf
Supplementhttp://iga.in.gov/static-documents/1/c/2/0/1c20ecc7/HB1002.01.INTR.FN001.pdf
Supplementhttp://iga.in.gov/static-documents/f/3/e/0/f3e04027/HB1002.01.INTR.FN002.pdf
Supplementhttp://iga.in.gov/static-documents/c/6/a/d/c6ad658c/HB1002.02.COMH.FN001.pdf
Supplementhttp://iga.in.gov/static-documents/2/8/b/3/28b3dfc0/HB1002.01.INTR.CRH001.pdf
Supplementhttp://iga.in.gov/static-documents/d/a/1/8/da182d11/HB1002.02.COMH.FN002.pdf
Supplementhttp://iga.in.gov/static-documents/b/8/a/e/b8aedc02/HB1002.02.COMH.FN003.pdf
Roll Callhttp://iga.in.gov/static-documents/a/4/e/4/a4e47386/HB1002.01.INTR.04.pdf
Roll Callhttp://iga.in.gov/static-documents/c/c/b/c/ccbc474f/HB1002.11_H.pdf
Roll Callhttp://iga.in.gov/static-documents/c/5/c/8/c5c8349b/HB1002.23_H.pdf

Bill Comments

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