HB 1258

Bill Subjects

Civil Actions, Immunity And Exemption From Liability Civil Actions, Penalties Crimes And Offenses Generally

Abstract

Provides that a person or the person's agent who conducts business in Indiana is not liable in a civil action claiming an injury from exposure or potential exposure to COVID-19 if the act or omission alleged to violate a duty of care of the person or agent was committed or omitted in compliance with or was consistent with any of the following applicable at the time of the alleged exposure: (1) Federal or state regulations. (2) An executive order issued by the president of the United States or the governor. (3) Guidance. Defines guidance as written guidelines related to COVID-19 issued by any of the following: (1) The Centers for Disease Control and Prevention. (2) The Occupational Safety and Health Administration of the United States Department of Labor. (3) The Indiana state department of health. (4) Any other agency, board, or commission of the state of Indiana. Specifies that the limited liability for alleged COVID-19 exposures does not apply to a cause of action for medical malpractice. Provides that immunity from civil liability is not granted to a person whose actions or omissions constitute gross negligence or willful or wanton misconduct.