HB 1002 Indiana House · 2021 Regular Session

Civil immunity related to COVID-19.

Summary
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. 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 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. Extends COVID-19 health care immunity during periods of disaster emergency after February 29, 2020, and before April 1, 2022. Resolves conflicts between SEA 1 and HB 1002.
Bill status signed all 5 stages cleared
Introduction
Apr 2021
Committee Review
Apr 2021
House Passage
Feb 2021
Senate Passage
Apr 2021
Signed into Law
Apr 2021
Introduced Apr 14, 2021 Signed Apr 29, 2021
Floor votes · Senate Apr 6, 2021

How they voted

389
Passed
Total votes 47
Apr 6, 2021
D Democratic11
2 Yea 9 Nay
81% Nay
R Republican36
36 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
24
Key actions
5
Committee
3
Amendments
4
Apr 29, 2021
Signed into law
Signed by the Governor
executive
Apr 14, 2021
Amended
House concurred in Senate amendments; Roll Call 443: yeas 58, nays 21
lower
Apr 14, 2021
Introduced
Motion to concur filed
lower
Apr 7, 2021
Amended
Returned to the House with amendments
upper
Apr 6, 2021
Upper · Passed
Third reading: passed; Roll Call 349: yeas 41, nays 9
upper
Apr 5, 2021
Amended
Amendment #1 (Brown L) prevailed; voice vote
upper
Apr 1, 2021
Upper · Passed
Committee report: amend do pass, adopted
upper
Feb 2, 2021
Committee
Referred to the Senate
lower
Feb 1, 2021
Lower · Passed
Third reading: passed; Roll Call 23: yeas 76, nays 21
lower
Jan 28, 2021
Amended
Amendment #2 (DeLaney) failed; Roll Call 11: yeas 28, nays 65
lower
Jan 26, 2021
Lower · Passed
Committee report: amend do pass, adopted
lower
3 primary · 5 co-sponsors

Sponsors