Bill Summary – FastDemocracy

LB53                                                                                          LB53
                                                                                        2021
                                LEGISLATURE OF NEBRASKA
                          ONE HUNDRED SEVENTH LEGISLATURE
                                       FIRST SESSION
                          LEGISLATIVE BILL 53
       Introduced by Lathrop, 12.
       Read first time January 07, 2021
       Committee: Judiciary
  A BILL FOR AN ACT relating to the Nebraska Hospital-Medical Liability
      Act; to amend section 44-2855, Reissue Revised Statutes of Nebraska;
      to provide for immunity for health care providers acting in
      conformance with the crisis standard of care during a COVID-19 state
      of emergency;    to define terms;    to harmonize provisions;   and to
      repeal the original section.
  Be it enacted by the people of the State of Nebraska,
                                               -1-
LB53                                                                                             LB53
                                                                                           2021
        Section 1.       (1) A health care provider shall be immune from civil
  liability resulting from care provided pursuant to the crisis standard of
  care when:
        (a) The care is provided during a COVID-19 state of emergency;
        (b) The care provided is in accordance with the crisis standard of
  care; and
        (c) The failure of the care to meet the ordinary standard of care
  set forth in section 44-2810 was a direct result of insufficient medical
  resources caused by the COVID-19 state of emergency.
        (2) For purposes of this section:
        (a) COVID-19 means the novel coronavirus identified as SARS-CoV-2,
  the disease caused by    the novel coronavirus SARS-CoV-2   or    a virus
  mutating therefrom, and the health conditions or threats associated with
  the disease caused by    the novel coronavirus SARS-CoV-2   or    a virus
  mutating therefrom;
        (b) COVID-19 state of emergency means a state of emergency related
  to COVID-19 proclaimed by the Governor:
        (i)    Under section    81-829.40      or other statutory authority or   by
  executive order; and
        (ii) In which the Governor has declared the applicability of the
  crisis standard of care; and
        (c)    Crisis standard of   care means the Crisis Standard of    Care
  Planning Guidance for the COVID-19 Pandemic in the State of Nebraska,
   dated November 23, 2020, published by the Nebraska Medical Emergency
   Operations Center.
        Sec. 2. Section 44-2855, Reissue Revised Statutes of Nebraska, is
  amended to read:
        44-2855 Sections 44-2801 to 44-2855 and section 1 of this act shall
  be known and may be cited as the Nebraska Hospital-Medical Liability Act.
        Sec.   3.       Original section    44-2855,     Reissue Revised Statutes of
  Nebraska, is repealed.
                                                   -2-
Statutes affected: 
Introduced: 44-2855