Regular Session 2019-2020 House Bill 2546 P.N. 3830

PRINTER'S NO. 3830

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2546

Session of

2020

INTRODUCED BY GROVE AND NELSON, MAY 26, 2020

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 26, 2020

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled

"An act providing for and reorganizing the conduct of the

executive and administrative work of the Commonwealth by the

Executive Department thereof and the administrative

departments, boards, commissions, and officers thereof,

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

duties of the Governor and other executive and administrative

officers, and of the several administrative departments,

boards, commissions, and officers; fixing the salaries of the

Governor, Lieutenant Governor, and certain other executive

and administrative officers; providing for the appointment of

certain administrative officers, and of all deputies and

other assistants and employes in certain departments, boards,

and commissions; providing for judicial administration; and

prescribing the manner in which the number and compensation

of the deputies and all other assistants and employes of

certain departments, boards and commissions shall be

determined," providing for COVID-19 Good Samaritan Emergency

Liability Waiver.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of April 9, 1929 (P.L.177, No.175), known

as The Administrative Code of 1929, is amended by adding an

article to read:

ARTICLE XXI-D

COVID-19 GOOD SAMARITAN

EMERGENCY LIABILITY WAIVER

Section 2101-D. Applicability.

An immunity granted under this article shall apply to an act

or omission made in response to the proclamation of disaster

emergency issued by the Governor on March 6, 2020, published at

50 Pa.B. 1644 (March 21, 2020), and any renewal of the state of

disaster emergency.

Section 2102-D. Liability for damages from equipment or other

goods for public health emergency response.

(a) General rule.--A person is not subject to civil

liability arising from the use, nature or condition of equipment

or other goods manufactured, modified, produced for or utilized,

including an atypical or novel utilization, by a health care

facility or health care practitioner.

(b) Nonapplicability.--This section shall not apply to an

injury or death to a person that results from an act or omission

of the person constituting recklessness or intentional

misconduct.

establishing any liability.

(d) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Health care facility." As defined in section 103 of the act

of July 19, 1979 (P.L.130, No.48), known as the Health Care

Facilities Act.

"Health care practitioner." As defined in section 103 of the

Health Care Facilities Act.

"Person." An individual, corporation, partnership,

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organization, association or government entity. For a

corporation, partnership, organization, association or

governmental entity, the term shall include an officer,

director, partner, deacon, trustee, council member or other

elected or appointed individual responsible for the governance

of the entity.

Section 2103-D. Immunity from civil and criminal liability for

medical care.

(a) Covered provider.--A covered provider that is involved

with or provides medical care shall not be subject to civil and

criminal liability as a result of an act or omission by the

covered provider.

(b) Exception.--The immunity under subsection (a) shall not

extend to an act or omission intentionally designed to harm or a

grossly negligent act or omission which results in harm to an

individual receiving medical care.

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Covered provider." Any of the following:

(1) A health care practitioner as defined in section 103

of the act of July 19, 1979 (P.L.130, No.48), known as the

Health Care Facilities Act, or any health care practitioner

or provider licensed by a state or a political division of

the United States, including pursuant to a waiver of a law or

a regulation issued by the United States, the Commonwealth or

a local governmental authority.

(2) As follows:

(i) A health care facility as defined in the Health

Care Facilities Act or a temporary site operated by a

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health care facility during the pendency of a pandemic or

other disaster or emergency as declared by the Governor,

including a facility authorized to operate pursuant to a

waiver of a law or a regulation issued by the United

States, the Commonwealth or local governmental authority.

(ii) A legal entity whose primary purpose is the

provision of medical care or a parent organization or

entity to a health care facility.

(3) As follows:

(i) A facility as defined in section 1001 of the act

of June 13, 1967 (P.L.31, No.21), known as the Human

Services Code, or a parent organization or entity of the

facility.

(ii) A business, university, facility or

organization that provides a venue for the provision of

medical care.

(4) An individual employed or contracted by a health

care practitioner, health care facility or facility under

paragraph (3), who is involved in providing medical care.

(5) As follows:

(i) A licensed, certified or authorized person

providing emergency medical services as defined in 35

Pa.C.S. § 8103 (relating to definitions) or a person

employed or contracted to operate an ambulance as defined

therein.

(ii) A parent organization or entity of a person

under subparagraph (i).

(6) Nursing care as defined in 28 Pa. Code Ch. 201

(relating to applicability, definitions, ownership and

general operation of long-term care nursing facilities),

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provided that the nursing care is in support of the

activities of daily living and other instrumental activities

of daily living as defined in 55 Pa. Code Chs. 2600 (relating

to personal care homes) and 2800 (relating to assisted living

residences), or services covered that nursing care providers

are obligated to deliver or arrange under their requirements

of licensure.

(7) A pharmacist as defined in section 2(10) of the act

of September 27, 1961 (P.L.1700, No.699), known as the

Pharmacy Act.

(8) A clinical laboratory, including a laboratory that

is certified under section 353 of the Public Health Service

Act (42 U.S.C. § 263a) or licensed under the act of September

26, 1951 (P.L.1539, No.389), known as The Clinical Laboratory

Act, to provide testing, diagnosis or treatment of a health

condition, illness, injury or disease related to a confirmed

or suspected case of COVID-19.

"COVID-19." The novel coronavirus as identified in the

proclamation of disaster emergency issued by the Governor on

March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020), and

any renewal of the state of disaster emergency.

Section 2104-D. Immunity during disaster declaration for child

care providers.

(a) Authorization.--An officer, director or employee of a

child care center or family child care home licensed by the

Department of Human Services that is authorized to continue

operations during the period covered by the proclamation of

disaster emergency under this article shall not be liable for

any civil damages as a result of the continued operation of the

center or home during the period covered by the proclamation.

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(b) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Child care center." As defined in section 1001 of the act

of June 13, 1967 (P.L.31, No.21), known as the Human Services

Code.

"Family child care home." As defined in section 1001 of the

Human Services Code.

Section 2. This act shall take effect immediately.

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