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Law360 (May 5, 2020, 11:16 PM EDT ) Oklahoma could become the latest state to enact measures aimed at shielding health care providers from certain liabilities during the coronavirus crisis, after state legislators passed a bill that would protect health care workers and facilities.
Senate Bill 300, which the Oklahoma House of Representatives passed Monday, is meant to protect providers from civil liability that is not the result of gross negligence or willful or wanton misconduct, according to a press release from the state house. Oklahoma Gov. Kevin Stitt's office did not immediately respond to a request for comment Tuesday.
The bill, which was authored by House Majority Whip Terry O'Donnell, R-Catoosa, and State Senator Julie Daniels, R-Bartlesville, will only apply to those being treated for COVID-19 and not other patients, according to the house's press release. The measure applies to civil actions filed on or after the date it becomes effective and will end on Oct. 31 or when the governor concludes any emergency declarations, whichever is later.
O'Donnell said in the press release that as health care providers work to provide care to those suffering, they don't need to face the threat of frivolous lawsuits.
"Litigants already are looking for anything to sue over related to the pandemic," O'Donnell said. "We need to protect our health care workers, just as they have been protecting us."
The bill passed the Oklahoma Senate 45-0 in early March before passing 95-2 in the state House of Representatives on Monday, according to the state legislature's website. The state had 4,127 cases of COVID-19 and 247 deaths as of Tuesday, according to state figures.
Several other states have been moving to enact emergency executive orders and legislation shielding health care providers from civil liability given the shortage of ventilators and front-line medical professionals in the hardest-hit areas. That's on top of the $2 trillion relief package the president signed into law last month, which protects volunteer health care workers from liability in the absence of reckless conduct or gross negligence.
Plaintiffs injury attorneys have accused lobbyists for the health care and insurance industries of taking advantage of the COVID-19 pandemic to push for civil and criminal immunity for hospital chains and nursing home companies, to the detriment of patients injured by medical negligence.
--Additional reporting by Y. Peter Kang. Editing by Emily Kokoll.
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