The House Judiciary Committee heard HB 1002 authored by Rep. Torr regarding civil immunity related to COVID-19. This bill protects health care providers from professional discipline for certain acts or omissions related to health care services provided during a state disaster emergency. The provider is not protected from discipline if the action, omission, or decision constitutes gross negligence or willful misconduct. The bill also specifies that orders and recommendations issued by local, state, and federal government agencies and officials during the emergency do not create new causes of action or new legal duties and are inadmissible at trial. The bill prohibits bringing a cause of action based on exposure or transmission to COVID-19 unless the individual can establish gross negligence or willful misconduct.
An amendment was approved by consent to remove “or during” the emergency order, adds intentional misrepresentation, clarifies that it includes EMS treatment, adds a provision that protects from delay in medical treatment when hospitals were asked to cease non-emergency surgeries, clarifies immunity applies to issues created by availability of PPE, and removes requirements for a physician statement to be filed with the complaint.
The Indiana Hospital Association and Indiana Health Care Association testified in support of the amended bill. Rep. Pat Boy and the Indiana Trial Lawyers Association testified against the bill. The amended bill passed 9-3.
Read the bill at: http://iga.in.gov/legislative/2021/bills/house/1002