Bill Text: NJ S2549 | 2020-2021 | Regular Session | Introduced
Bill Title: Provides certain civil and criminal immunities to diagnostic laboratories, and persons providing laboratory services, for diagnosis and testing performed in response to COVID-19 outbreak during public health emergency and state of emergency declared in Governor's Executive Order 103 of 2020.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-06-08 - Introduced in the Senate, Referred to Senate Judiciary Committee [S2549 Detail]
Download: New_Jersey-2020-S2549-Introduced.html
Sponsored by:
Senator THOMAS H. KEAN, JR.
District 21 (Morris, Somerset and Union)
SYNOPSIS
Provides certain civil and criminal immunities to diagnostic laboratories, and persons providing laboratory services, for diagnosis and testing performed in response to COVID-19 outbreak during public health emergency and state of emergency declared in Governor's Executive Order 103 of 2020.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain immunities for diagnostic laboratories and personnel and amending P.L.2020, c.18.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2020, c.18 is amended to read as follows:
1. a. The Legislature finds and declares:
This statement of legislative intent is made to establish clearly our intent because of the lack of committee hearings. This statement shall be made an official part of the record in establishing this Legislature's intent.
It has been reported that this bill would grant immunity to all medical doctors and healthcare workers in New Jersey for all inpatient or outpatient procedures or any medical treatment rendered during the timeframe of the COVID-19 emergency. This is not an accurate statement.
The enactment of this bill is to ensure that there are no impediments to providing medical treatment related to the COVID-19 emergency and that all medical personnel supporting the COVID-19 response are granted immunity. However, medical care rendered in the ordinary course of medical practice does not provide the granting of immunity. For example, procedures performed by licensed medical professionals in their ordinary course of business, including orthopedic procedures, OB/GYN services, and necessary cardiological procedures.
It is not the Legislature's intent to grant immunity for medical services, treatment and procedures that are unrelated to the COVID-19 emergency.
b. As used in this section:
"Health care facility" means any healthcare facility as defined in section 2 of P.L.2005, c.222 (C.26:13-2), any clinical laboratory certified under the federal Clinical Laboratory Improvement Amendments ("CLIA") in section 353 of the Public Health Service Act (42 U.S.C. s.263a), and any modular field treatment facility and any other site designated by the Commissioner of Health for temporary use for the purpose of providing essential services in support of the State's response to the outbreak of coronavirus disease during the public health emergency and state of emergency declared by the Governor in Executive Order 103 of 2020.
"Health care professional"
means a physician, physician assistant, advanced practice nurse, registered
nurse, licensed practical nurse, or other health care professional whose
professional practice is regulated pursuant to Title 45 of the Revised Statutes
or who is otherwise authorized to provide health care services in this
State, an emergency medical technician or mobile intensive care paramedic certified by the Commissioner of Health pursuant to Title 26 of the Revised Statutes or who is otherwise authorized to provide health care services in this State, [and] a radiologic technologist regulated pursuant to Title 26 of the Revised Statutes or who is otherwise authorized to provide health care services in this State, and any agent, officer, employee, servant, representative, or volunteer providing services associated with COVID-19 testing performed by a CLIA-licensed diagnostic laboratory.
"Scarce critical resource allocation policy" means a policy, protocol or guidelines for the allocation by a health care facility, or a health care system that owns or operates more than one health care facility, of ventilators, intensive care unit beds, or other medical, diagnostic, laboratory, or testing resources or supplies that may be in limited supply and high demand during a public health emergency.
c. Notwithstanding the provisions of any law, rule, or regulation to the contrary:
(1) a health care professional shall not be liable for civil damages for injury or death alleged to have been sustained as a result of an act or omission by the health care professional in the course of providing medical, diagnostic, laboratory, or testing services in support of the State's response to the outbreak of coronavirus disease during the public health emergency and state of emergency declared by the Governor in Executive Order 103 of 2020; and (2) a health care facility or a health care system that owns or operates more than one health care facility shall not be liable for civil damages for injury or death alleged to have been sustained as a result of an act or omission by one or more of its agents, officers, employees, servants, representatives or volunteers, if, and to the extent, such agent, officer, employee, servant, representative or volunteer is immune from liability pursuant to paragraph (1) of this subsection.
Immunity shall also include any act or omission undertaken in good faith by a health care professional or healthcare facility or a health care system to support efforts to diagnose, test, or treat COVID-19 patients and to prevent the spread of COVID-19 during the public health emergency and state of emergency declared by the Governor in Executive Order 103 of 2020, including but not limited to engaging in telemedicine or telehealth, and diagnosing, testing, or treating patients outside the normal scope of the health care professional's license or practice. The immunity granted pursuant to this subsection shall not apply to acts or omissions constituting a crime, actual fraud, actual malice, gross negligence, recklessness, or willful misconduct, and shall be retroactive to March 9, 2020.
d. Notwithstanding the provisions of any law, rule, or regulation to the contrary, a health care facility or a health care system that owns or operates more than one health care facility shall not be criminally or civilly liable for damages for injury or death alleged to have been sustained as a result of an act or omission by the facility or system or one or more of the facility's or system's agents, officers, employees, servants, representatives or volunteers during the public health emergency and state of emergency declared by the Governor in Executive Order 103 of 2020 in connection with the allocation of mechanical ventilators or other scarce medical, diagnostic, laboratory, or testing resources, if the health care facility or system adopts and adheres to a scarce critical resource allocation policy that at a minimum incorporates the core principles identified by the Commissioner of Health in an executive directive or administrative order, and the health care facility's or system's agents, officers, employees, servants, representatives and volunteers shall not be civilly or criminally liable for an injury caused by any act or omission pursuant to this subsection during the public health emergency and state of emergency declared by the Governor in Executive Order 103 of 2020 pursuant to, and consistent with, such policy.
(cf: P.L.2020, c.18, s.1)
2. This act shall take effect immediately and shall be retroactive to March 9, 2020.
STATEMENT
P.L.2020, c.18, enacted April 14, 2020, provides immunity from civil and criminal liability for certain claims alleging injury or death incurred during the public health emergency and state of emergency declared by the Governor's Executive Order 103 of 2020, issued on March 9, 2020. This bill would add clinical laboratories and persons performing services for such laboratories to the group of persons and entities granted such immunity.
P.L.2020, c.18:
Under the enactment, (1) a health care professional is not liable for civil damages for injury or death alleged to have been sustained as a result of an act or omission by the health care professional in the course of providing medical services in support of the State's response to the outbreak of coronavirus disease during the public health emergency and state of emergency declared by the Governor in Executive Order 103 of 2020; and (2) a health care facility or a health care system that owns or operates more than one health care facility is not liable for civil damages for injury or death alleged to have been sustained as a result of an act or omission by one or more of its agents, officers, employees, servants, representatives or volunteers, if, and to the extent, such agent, officer, employee, servant, representative or volunteer is immune from liability pursuant to the bill.
Immunity under P.L.2020, c.18 also includes any act or omission undertaken in good faith by a health care professional or healthcare facility or health care system to support efforts to treat COVID-19 patients and to prevent the spread of COVID-19, including but not limited to engaging in telemedicine or telehealth, and diagnosing or treating patients outside the normal scope of the health care professional's license or practice. The immunity does not apply to acts or omissions constituting a crime, actual fraud, actual malice, gross negligence, recklessness, or willful misconduct. The enactment is retroactive to March 9, 2020, the date the Governor issued Executive Order 103 of 2020.
This bill:
Under this bill, the definition of "health care facility" in P.L.2020, c.18 would be expanded to include any clinical laboratory certified under the federal Clinical Laboratory Improvement Amendments ("CLIA") in section 353 of the Public Health Service Act (42 U.S.C. s.263a), and the definition of "health care professional" would be expanded to include any agent, officer, employee, servant, representative, or volunteer providing services associated with COVID-19 testing performed by a CLIA-licensed diagnostic laboratory.
In addition, the bill expands the term "medical resources or supplies" in the enactment to "medical, diagnostic, laboratory, or testing resources or supplies"; expands the term "medical services" to "medical, diagnostic, laboratory, or testing services"; and expands the term "treat" or "treating" to include diagnosis and testing.
The bill would take effect immediately and, like P.L.2020, c.18, be retroactive to March 9, 2020.
