PRINTER'S NO. 1028
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
605
Session of
2021
INTRODUCED BY ECKER, KEEFER, DUNBAR, JAMES, MIHALEK, KAIL, RYAN,
GROVE, GREINER, WARNER, MOUL, MILLARD, KAUFFMAN, O'NEAL,
HERSHEY, ZIMMERMAN, ROWE AND CAUSER, MARCH 23, 2021
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 23, 2021
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in arbitration, providing
for compulsory arbitration of COVID-19 actions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 7361.1. Compulsory arbitration of COVID-19 actions.
(a) General rule.--Actions alleging personal injury or death
relating to exposure to COVID-19 shall first be submitted to and
heard by a board of three members of the bar of the court.
(b) Limitation.--The following shall apply:
(1) No matter shall be referred under subsection (a) if
the attorney for the plaintiff, or the plaintiff if not
represented, files with the complaint a certificate signed by
the attorney or party affirming that the personal injury or
death resulted from the defendant's failure to comply with
public health directives in effect at the time of the alleged
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misconduct.
(2) A separate certificate must be filed as to
each defendant against which a claim is asserted.
(c) Procedure.--The arbitrators appointed under this section
shall have powers and shall proceed as prescribed by general
rules of court.
(d) Expedited arbitration.--Actions subject to this section
shall receive a hearing on an expedited schedule.
(e) Appeal for trial de novo.--A party to a matter shall
have the right to appeal for trial de novo in the court. The
party who takes the appeal shall pay all or a portion of fees
and costs and shall comply with other procedures as shall be
prescribed by general rules. In the absence of appeal, the
judgment entered on the award of the arbitrators shall be
enforced as any other judgment of the court. For the purposes of
this section and section 5571 (relating to appeals generally),
an award of arbitrators constitutes an order of a tribunal.
(f) 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:
"COVID-19." The novel coronavirus as identified in the
Governor's proclamation of disaster emergency issued on March 6,
2020, published at 50 Pa.B. 1644 (March 21, 2020).
"Public health directives." Orders or guidelines lawfully
issued by the Federal or State Government regarding:
(1) The manufacturing or use of personal protective
equipment during the proclamation of disaster emergency.
(2) Treatment or testing of individuals with or
reasonably believed to have COVID-19.
(3) Steps necessary or recommended to prevent, limit or
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slow the spread of COVID-19.
Section 2. The addition of 42 Pa.C.S. § 7361.1 may not:
(1) Be construed to create a new cause of action
or expand any civil or criminal liability otherwise imposed
or limit any defense.
(2) Prevent an individual from filing a claim
for workers' compensation or receiving benefits under the act
of June 2, 1915 (P.L.736, No.338), known as the Workers'
Compensation Act, if otherwise available.
Section 3. This act shall take effect immediately.
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