Existing law requires a complaint to be pled with particularity in a civil action alleging a personal injury or death as a result of exposure to COVID-19 while on a premises owned or operated by certain entities or during an activity conducted or managed by such entities. Existing law also provides that an entity that was in substantial compliance with controlling health standards is immune from liability in such an action unless the plaintiff proves that: (1) the entity violated controlling health standards while acting with gross negligence; and (2) the gross negligence was the proximate cause of the plaintiff's personal injury or death. (NRS 41.835) Existing law excludes from the entities receiving immunity from civil liability under those provisions: (1) an agency to provide nursing in the home; (2) a facility for hospice care; (3) a facility for intermediate care; (4) a facility for skilled nursing; (5) a hospital; or (6) an independent center for emergency medical care. (NRS 41.815, 41.830) Sections 1 and 2 of this bill remove those exclusions, thereby providing such medical facilities and providers with immunity from civil liability under those provisions. Section 3 of this bill: (1) extends that immunity from civil liability to apply also to an independent contractor of an entity; and (2) clarifies that the immunity from civil liability also applies to officers and employees of an entity. Section 4 of this bill provides that the extended protections from liability created by sections 1-3 of this bill: (1) apply to any cause of action or claim that accrues before, on or after the effective date of this bill and before July 1, 2023; and (2) do not apply to any final judgments or verdicts that are entered by a court before the effective date of this bill.

Statutes affected:
As Introduced: 41.815, 41.830, 41.835
BDR: 41.815, 41.830, 41.835