Regular Session 2021-2022 House Bill 0605 P.N. 1142

PRIOR PRINTER'S NO. 1028

PRINTER'S NO. 1142

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, CAUSER, KLUNK, IRVIN, DOWLING AND

ROAE, MARCH 23, 2021

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

APRIL 5, 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.; AND, IN

PARTICULAR RIGHTS AND IMMUNITIES, PROVIDING FOR COVID-19-

RELATED LIABILITY.

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

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death resulted from the defendant's failure to comply with

public health directives in effect at the time of the alleged

misconduct.

(2) A separate certificate must be filed as to

each defendant against which a claim is asserted.

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 , DISTRIBUTION, LABELING or use of

personal protective equipment during the proclamation of

disaster emergency.

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(2) Treatment or testing of individuals with or

reasonably believed to have COVID-19.

(3) Steps necessary or recommended to prevent, limit or

slow the spread of COVID-19.

SECTION 2. CHAPTER 83 OF TITLE 42 IS AMENDED BY ADDING A

SUBCHAPTER TO READ:

SUBCHAPTER F.2

COVID-19-RELATED LIABILITY

SEC.

8368.11. DEFINITIONS.

8368.12. SCHOOL AND CHILD CARE LIABILITY.

8368.13. PERSONAL PROTECTIVE EQUIPMENT LIABILITY.

8368.14. BUSINESS OR GOVERNMENT SERVICES LIABILITY.

8368.15. COVERED PROVIDER LIABILITY.

8368.16. APPLICATION OF SUBCHAPTER.

8368.17. CONSTRUCTION OF SUBCHAPTER.

§ 8368.11. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

"BUSINESS OR GOVERNMENT SERVICES." A LAWFUL ACTIVITY

CONDUCTED BY A TRADE, BUSINESS, ASSOCIATION, NONPROFIT ENTITY OR

ORGANIZATION OR LOCAL GOVERNMENTAL UNIT WHICH IS PERMITTED BY

THE TERMS OF A PROCLAMATION OF DISASTER EMERGENCY TO HOLD ITSELF

OUT AS OPEN TO MEMBERS OF THE PUBLIC OR TO ITS MEMBERS.

"CHILD-CARE FACILITY." ANY OF THE FOLLOWING:

(1) A 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.

(2) A CHILDREN'S INSTITUTION AS DEFINED IN SECTION 901

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OF THE HUMAN SERVICES CODE.

(3) A FAMILY CHILD CARE HOME AS DEFINED IN SECTION 1001

OF THE HUMAN SERVICES CODE.

(4) AN INDIVIDUAL EMPLOYED OR CONTRACTED BY A PERSON

UNDER PARAGRAPH (1), (2) OR (3).

"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.

(2) A HEALTH CARE PROVIDER, INCLUDING A REGISTERED

NURSE, LICENSED BY A STATE OR A POLITICAL DIVISION OF THE

UNITED STATES. THIS PARAGRAPH INCLUDES LICENSURE PURSUANT TO

A WAIVER.

(3) A HEALTH CARE FACILITY AS DEFINED IN SECTION 802.1

OF THE HEALTH CARE FACILITIES ACT, INCLUDING A HOSPITAL

CARING EXCLUSIVELY FOR THE MENTALLY ILL. THIS PARAGRAPH

INCLUDES A FACILITY AUTHORIZED TO OPERATE PURSUANT TO A

WAIVER.

(4) A TEMPORARY SITE OPERATED BY A HEALTH CARE FACILITY

UNDER PARAGRAPH (3) DURING THE PROCLAMATION OF DISASTER

EMERGENCY.

(5) A HEALTH CARE PROVIDER AS DEFINED IN SECTION 103 OF

THE HEALTH CARE FACILITIES ACT OR ANOTHER LEGAL ENTITY WHOSE

PRIMARY PURPOSE IS THE PROVISION OF MEDICAL CARE FOR A HEALTH

CARE PROVIDER.

(6) A FACILITY AS DEFINED IN SECTION 1001 OF THE HUMAN

SERVICES CODE OR A PARENT ORGANIZATION OF THE FACILITY.

(7) A BUSINESS, INSTITUTION OF HIGHER EDUCATION,

FACILITY OR ORGANIZATION, WHICH PROVIDES A VENUE FOR THE

PROVISION OF MEDICAL CARE.

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(8) A LICENSED, CERTIFIED, REGISTERED OR AUTHORIZED

PERSON PROVIDING EMERGENCY MEDICAL SERVICES AS DEFINED IN 35

PA.C.S. § 8103 (RELATING TO DEFINITIONS). THE TERM INCLUDES

AN EMERGENCY MEDICAL SERVICES VEHICLE OPERATOR.

(9) AN EMERGENCY MEDICAL SERVICES AGENCY AS DEFINED IN

35 PA.C.S. § 8103. THIS PARAGRAPH INCLUDES A PARENT

ORGANIZATION OF THE AGENCY.

(10) A PERSON ENGAGED IN NURSING CARE AS DEFINED IN 28

PA. CODE § 201.3 (RELATING TO DEFINITIONS), IF THE NURSING

CARE:

(I) IS IN SUPPORT OF THE ACTIVITIES OF DAILY LIVING

AND OTHER INSTRUMENTAL ACTIVITIES OF DAILY LIVING AS

DEFINED IN 55 PA. CODE § 2600.4 (RELATING TO DEFINITIONS)

OR 2800.4 (RELATING TO DEFINITIONS) AND OTHER

INSTRUMENTAL ACTIVITIES; OR

(II) CONSISTS OF COVERED SERVICES WHICH NURSING CARE

PROVIDERS ARE OBLIGATED TO DELIVER OR ARRANGE UNDER THEIR

REQUIREMENTS OF LICENSURE.

(11) A CLINICAL LABORATORY:

(I) CERTIFIED UNDER SECTION 353 OF THE PUBLIC HEALTH

SERVICE ACT (58 STAT. 682, 42 U.S.C. § 263A); OR

(II) LICENSED UNDER THE ACT OF SEPTEMBER 26, 1951

(P.L.1539, NO.389), KNOWN AS THE CLINICAL LABORATORY ACT.

(12) AN INDIVIDUAL EMPLOYED OR CONTRACTED BY A PERSON

UNDER PARAGRAPH (1), (2), (3), (4), (5), (6), (7), (8), (9),

(10) OR (11), WHO IS INVOLVED IN PROVIDING MEDICAL CARE.

"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).

"INSTITUTION OF HIGHER EDUCATION." THE TERM INCLUDES ANY OF

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THE FOLLOWING:

(1) A COMMUNITY COLLEGE OPERATING UNDER ARTICLE XIX-A OF

THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE

PUBLIC SCHOOL CODE OF 1949.

(2) THE STATE SYSTEM OF HIGHER EDUCATION. THIS PARAGRAPH

INCLUDES A UNIVERSITY WITHIN THE SYSTEM.

(3) THE PENNSYLVANIA STATE UNIVERSITY, THE UNIVERSITY OF

PITTSBURGH, TEMPLE UNIVERSITY, LINCOLN UNIVERSITY OR AN

INSTITUTION DESIGNATED AS STATE-RELATED BY THE COMMONWEALTH.

(4) THE THADDEUS STEVENS COLLEGE OF TECHNOLOGY AND THE

PENNSYLVANIA COLLEGE OF TECHNOLOGY.

(5) A RURAL REGIONAL COLLEGE OPERATING UNDER ARTICLE

XIX-G OF THE PUBLIC SCHOOL CODE OF 1949.

(6) AN INSTITUTION OF HIGHER EDUCATION LOCATED IN AND

INCORPORATED OR CHARTERED BY THE COMMONWEALTH AND ENTITLED TO

CONFER DEGREES UNDER 24 PA.C.S. § 6505 (RELATING TO POWER TO

CONFER DEGREES) AND AS PROVIDED FOR BY THE STANDARDS AND

QUALIFICATIONS PRESCRIBED BY THE STATE BOARD OF EDUCATION

UNDER 24 PA.C.S. CH. 65 (RELATING TO PRIVATE COLLEGES,

UNIVERSITIES AND SEMINARIES).

(7) A PRIVATE SCHOOL LICENSED UNDER THE ACT OF DECEMBER

15, 1986 (P.L.1585, NO.174), KNOWN AS THE PRIVATE LICENSED

SCHOOLS ACT.

(8) A FOREIGN CORPORATION APPROVED TO OPERATE AN

EDUCATIONAL ENTERPRISE UNDER 22 PA. CODE CH. 36 (RELATING TO

FOREIGN CORPORATION STANDARDS).

(9) A COMMUNITY EDUCATION COUNCIL OPERATING UNDER

ARTICLE XIX-D OF THE PUBLIC SCHOOL CODE OF 1949.

"LOCAL GOVERNMENTAL UNIT." A MUNICIPALITY OR LOCAL

AUTHORITY.

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"PERSON." A NATURAL PERSON, CORPORATION, FIRM, ASSOCIATION,

ORGANIZATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, BUSINESS,

TRUST, BUSINESS TRUST, ESTATE OR FOUNDATION.

"PERSONAL PROTECTIVE EQUIPMENT." A DEVICE, EQUIPMENT,

SUBSTANCE OR MATERIAL, RECOMMENDED BY THE CENTERS FOR DISEASE

CONTROL AND PREVENTION, FOOD AND DRUG ADMINISTRATION,

ENVIRONMENTAL PROTECTION AGENCY, DEPARTMENT OF HOMELAND SECURITY

OR ANOTHER FEDERAL AUTHORITY OR THE DEPARTMENT OF HEALTH TO

PREVENT, LIMIT OR SLOW THE SPREAD OF COVID-19, SUCH AS

RESPIRATORS, MASKS, SURGICAL APPAREL, GOWNS, GLOVES AND OTHER

APPAREL INTENDED FOR A MEDICAL PURPOSE. THE TERM INCLUDES

SANITIZERS AND DISINFECTANTS.

"PROCLAMATION OF DISASTER EMERGENCY." A PROCLAMATION OF

DISASTER EMERGENCY ISSUED BY THE GOVERNOR RELATING TO COVID-19

AND ANY RENEWAL OF THE STATE OF DISASTER EMERGENCY, INCLUDING

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.

"PUBLIC HEALTH DIRECTIVES." ORDERS OR GUIDELINES ISSUED BY

THE FEDERAL OR STATE GOVERNMENT REGARDING ANY OF THE FOLLOWING:

(1) THE MANUFACTURING, DISTRIBUTION, LABELING 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

SLOW THE SPREAD OF COVID-19.

"SCHOOL ENTITY." ANY SCHOOL DISTRICT, CHARTER SCHOOL, CYBER

CHARTER SCHOOL, REGIONAL CHARTER SCHOOL, CHARTERED SCHOOL FOR

THE DEAF AND BLIND, PRIVATE SCHOOL, NONPUBLIC SCHOOL,

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PREKINDERGARTEN, INTERMEDIATE UNIT, AREA CAREER AND TECHNICAL

SCHOOL, APPROVED PRIVATE SCHOOL OR INSTITUTION OF HIGHER

EDUCATION OPERATING WITHIN THIS COMMONWEALTH. THE TERM INCLUDES

AN INDIVIDUAL EMPLOYED BY OR CONTRACTED BY A SCHOOL ENTITY.

§ 8368.12. SCHOOL AND CHILD CARE LIABILITY.

(A) LIMITED LIABILITY.--NOTWITHSTANDING ANY OTHER PROVISION

OF LAW, A SCHOOL ENTITY OR CHILD-CARE FACILITY SHALL NOT BE

CIVILLY LIABLE FOR DAMAGES OR PERSONAL INJURY RELATING TO AN

ACTUAL OR ALLEGED EXPOSURE TO COVID-19, ABSENT A SHOWING, BY

CLEAR AND CONVINCING EVIDENCE, OF GROSS NEGLIGENCE,

RECKLESSNESS, WILLFUL MISCONDUCT OR INTENTIONAL INFLICTION OF

HARM.

(B) COMPLIANCE WITH PUBLIC HEALTH DIRECTIVES.--AN ACT OR

OMISSION IN COMPLIANCE WITH, OR IN A GOOD FAITH BELIEF THAT THE

ACT OR OMISSION IS IN COMPLIANCE WITH, PUBLIC HEALTH DIRECTIVES

SHALL NOT BE CONSIDERED GROSS NEGLIGENCE, RECKLESSNESS, WILLFUL

MISCONDUCT OR INTENTIONAL INFLICTION OF HARM.

§ 8368.13. PERSONAL PROTECTIVE EQUIPMENT LIABILITY.

(A) MANUFACTURERS, DISTRIBUTORS AND LABELERS.--ALL OF THE

FOLLOWING APPLY:

(1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A PERSON

THAT MANUFACTURES, DISTRIBUTES OR LABELS PERSONAL PROTECTIVE

EQUIPMENT SHALL NOT BE CIVILLY LIABLE FOR DAMAGES OR PERSONAL

INJURY RELATED TO ACTUAL OR ALLEGED EXPOSURE TO COVID-19 IN

CONNECTION WITH THE USE OF PERSONAL PROTECTIVE EQUIPMENT,

ABSENT A SHOWING, BY CLEAR AND CONVINCING EVIDENCE, OF GROSS

NEGLIGENCE, RECKLESSNESS, WILLFUL MISCONDUCT OR INTENTIONAL

INFLICTION OF HARM IF THE PERSON COMMENCED MANUFACTURING,

DISTRIBUTING OR LABELING:

(I) ONLY IN CONNECTION WITH A PROCLAMATION OF

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DISASTER EMERGENCY; OR

(II) IN ACCORD WITH THE SAME STANDARDS TO WHICH IT

MANUFACTURED, DISTRIBUTED OR LABELED THE EQUIPMENT BEFORE

A PROCLAMATION OF DISASTER EMERGENCY, UNLESS THE

EQUIPMENT IS CLEARLY LABELED TO INDICATE OTHERWISE.

(2) AN ACT OR OMISSION IN COMPLIANCE WITH, OR IN A GOOD

FAITH BELIEF THAT THE ACT OR OMISSION WAS IN COMPLIANCE WITH,

PUBLIC HEALTH DIRECTIVES SHALL NOT BE CONSIDERED GROSS

NEGLIGENCE, RECKLESSNESS, WILLFUL MISCONDUCT OR INTENTIONAL

INFLICTION OF HARM.

(B) USERS.--

(1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A PERSON

THAT USES OR EMPLOYS PERSONAL PROTECTIVE EQUIPMENT DURING THE

PROCLAMATION OF DISASTER EMERGENCY IN COMPLIANCE WITH PUBLIC

HEALTH DIRECTIVES RELATED TO THE PERSONAL PROTECTIVE

EQUIPMENT SHALL NOT BE CIVILLY LIABLE FOR DAMAGES OR PERSONAL

INJURY RELATED TO USE OF THE PERSONAL PROTECTIVE EQUIPMENT,

ABSENT A SHOWING, BY CLEAR AND CONVINCING EVIDENCE, OF GROSS

NEGLIGENCE, RECKLESSNESS, WILLFUL MISCONDUCT OR INTENTIONAL

INFLICTION OF HARM.

(2) AN ACT OR OMISSION IN COMPLIANCE WITH, OR IN A GOOD

FAITH BELIEF THAT THE ACT OR OMISSION WAS IN COMPLIANCE WITH,

PUBLIC HEALTH DIRECTIVES SHALL NOT BE CONSIDERED GROSS

NEGLIGENCE, RECKLESSNESS, WILLFUL MISCONDUCT OR INTENTIONAL

INFLICTION OF HARM.

PERSON WHO DOES NOT ENJOY LIABILITY PROTECTIONS UNDER THE PUBLIC

READINESS AND EMERGENCY PREPAREDNESS (PREP) ACT (42 U.S.C. §

247D-6D ET SEQ.).

§ 8368.14. BUSINESS OR GOVERNMENT SERVICES LIABILITY.

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(A) LIMITED LIABILITY.--NOTWITHSTANDING ANY OTHER PROVISION

OF LAW, A PERSON PROVIDING BUSINESS OR GOVERNMENT SERVICES SHALL

NOT BE CIVILLY LIABLE FOR DAMAGES OR PERSONAL INJURY, RELATED TO

AN ACTUAL OR ALLEGED EXPOSURE TO COVID-19, ABSENT A SHOWING, BY

CLEAR AND CONVINCING EVIDENCE, OF GROSS NEGLIGENCE,

RECKLESSNESS, WILLFUL MISCONDUCT OR INTENTIONAL INFLICTION OF

HARM.

(B) COMPLIANCE WITH PUBLIC HEALTH DIRECTIVES.--AN ACT OR

OMISSION IN COMPLIANCE WITH, OR IN A GOOD FAITH BELIEF THAT THE

ACT OR OMISSION IS IN COMPLIANCE WITH, PUBLIC HEALTH DIRECTIVES

SHALL NOT BE CONSIDERED GROSS NEGLIGENCE, RECKLESSNESS, WILLFUL

MISCONDUCT OR INTENTIONAL INFLICTION OF HARM.

§ 8368.15. COVERED PROVIDER LIABILITY.

(A) LIMITED LIABILITY.--NOTWITHSTANDING ANY OTHER PROVISION

OF LAW, A COVERED PROVIDER SHALL NOT BE CIVILLY LIABLE FOR

DAMAGES OR PERSONAL INJURY, RELATED TO ANY OF THE FOLLOWING,

ABSENT A SHOWING, BY CLEAR AND CONVINCING EVIDENCE, OF GROSS

NEGLIGENCE, RECKLESSNESS, WILLFUL MISCONDUCT OR INTENTIONAL

INFLICTION OF HARM:

(1) PROVISION OF TREATMENT OR TESTING FOR COVID-19 TO

PATIENTS WHO HAVE BEEN EXPOSED TO OR WHOM A COVERED PROVIDER

REASONABLY BELIEVES MAY HAVE BEEN EXPOSED TO COVID-19.

(2) AN ACT OR OMISSION PROXIMATELY CAUSED BY:

(I) SHORTAGE OF EQUIPMENT, SUPPLIES OR PERSONNEL

WHICH:

(A) WAS A DIRECT RESULT OF THE DEMAND FOR

TESTING FOR OR TREATMENT OF COVID-19; AND

(B) WAS BEYOND THE REASONABLE CONTROL OF THE

COVERED PROVIDER;

(II) A NUMBER OF PATIENTS IN EXCESS OF THE CAPACITY

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OF A DEPARTMENT OR OF A UNIT OF A COVERED PROVIDER AS A

DIRECT RESULT OF THE NEED TO TEST FOR OR TREAT COVID-19;

(III) COMPLIANCE WITH PUBLIC HEALTH DIRECTIVES

REGARDING THE TESTING FOR AND TREATMENT OF COVID-19.

(B) COMPLIANCE WITH PUBLIC HEALTH DIRECTIVES.--AN ACT OR

OMISSION BY A COVERED PROVIDER IN COMPLIANCE WITH, OR IN A GOOD

FAITH BELIEF THAT THE ACT OR OMISSION WAS IN COMPLIANCE WITH,

PUBLIC HEALTH DIRECTIVES SHALL NOT BE CONSIDERED GROSS

NEGLIGENCE, RECKLESSNESS, WILLFUL MISCONDUCT OR INTENTIONAL

INFLICTION OF HARM.

§ 8368.16. APPLICATION OF SUBCHAPTER.

(A) VICARIOUS LIABILITY.--VICARIOUS LIABILITY SHALL NOT

ATTACH TO THE EMPLOYER OF AN INDIVIDUAL WHO IS OTHERWISE IMMUNE

UNDER THIS SUBCHAPTER OR AN EXECUTIVE ORDER.

(B) PUBLIC HEALTH DIRECTIVES.--IN DETERMINING CIVIL

LIABILITY UNDER THIS SUBCHAPTER, A COURT SHALL:

(1) FOR A MANUFACTURER, DISTRIBUTOR, LABELER OR USER,

CONSIDER PUBLIC HEALTH DIRECTIVES WHICH WERE IN EFFECT AT THE

TIME OF THE MANUFACTURE, DISTRIBUTION, LABELING, SALE OR USE

OF THE PERSONAL PROTECTIVE EQUIPMENT.

(2) FOR A PERSON PROVIDING BUSINESS OR GOVERNMENT

SERVICES, USER OF PERSONAL PROTECTIVE EQUIPMENT, SCHOOL

ENTITY OR CHILD-CARE FACILITY, CONSIDER PUBLIC HEALTH

DIRECTIVES WHICH WERE IN EFFECT AT THE TIME AN ALLEGED ACT OR

OMISSION OCCURRED.

(3) FOR A COVERED PROVIDER, CONSIDER PUBLIC HEALTH

DIRECTIVES WHICH WERE IN EFFECT AT THE TIME AN ALLEGED ACT OR

OMISSION OCCURRED.

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SHALL APPLY TO ACTS OR OMISSIONS DURING A PROCLAMATION OF

DISASTER EMERGENCY.

§ 8368.17. CONSTRUCTION OF SUBCHAPTER.

THIS SUBCHAPTER SHALL NOT BE CONSTRUED TO:

(1) CREATE A NEW CAUSE OF ACTION;

(2) EXPAND A CIVIL OR CRIMINAL LIABILITY OTHERWISE

IMPOSED;

(3) LIMIT A DEFENSE;

(4) AFFECT THE APPLICABILITY OF A STATUTE WHICH AFFORDS

GREATER PROTECTIONS TO DEFENDANTS THAN ARE PROVIDED UNDER

THIS SUBCHAPTER; OR

(5) PREVENT AN INDIVIDUAL FROM FILING A CLAIM 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 2 3. 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 4. THE PROVISIONS OF THIS ACT ARE SEVERABLE. IF ANY

PROVISION OF THIS ACT OR ITS APPLICATION TO ANY PERSON OR

CIRCUMSTANCES IS HELD INVALID, THE INVALIDITY SHALL NOT AFFECT

OTHER PROVISIONS OR APPLICATIONS OF THIS ACT WHICH CAN BE GIVEN

EFFECT WITHOUT THE INVALID PROVISIONS OR APPLICATION.

Section 3 5. This act shall take effect immediately.

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