Immunity Language for COVID-19

The Iowa legislature passed and Governor signed, Senate File 2338, the law that provides immunity for health care providers who provided services during the COVID-19 crisis. The law has significant immunity protections and is broad enough to include all health providers who are permitted by state or federal statute, regulation, order, or public health guidance to administer health care services or treatments.

Immunity Protection Legislation, Senate File 2338

Senate File 2338 was originally the bill that would put a cap on noneconomic damage in medical malpractice cases. An introduced amendment struck those components of the bill and instead inserted language regarding COVID-19 relief. Legislators were unwilling to do a cap and immunity language, so the remaining focus shifted to a COVID-19 response.

Senate File 2338 went through a rapid timeline of approval. In all, it was approved in about a week and half and signed shortly after the end of session by the Governor’s office.

Health Provider Definition

The law has a definition for a health care provider that is broad. As noted, it covers all providers allowed by the state or federal government to administer health care services or treatments. LAI believes the broad definition should cover every provider type in the aging services continuum.

The liability protections for health care providers is also broad:

A health care provider shall not be liable for civil damages for causing or contributing, directly or indirectly, to the death or injury of an individual as a result of the health care provider’s acts or omissions while providing or arranging health care in support of the state’s response to COVID-19.

Additionally, the code section lays out how the section applies, covering 1) immunity from injury or death related to screening, assessing, diagnosing, caring for, or treating individuals with suspected or confirmed cased of COVID-19, 2) prescribing, administering, or dispensing a pharmaceutical for off label use to treat a patient with a suspected or confirmed case of COVID-19, and 3) acts of omissions while providing health care to individuals unrelated to COVID-19 when those acts support the state’s response to COVID-19, including using or modifying medical devices, equipment and supplies for an unapproved use, acts or omissions undertaken by a health care provider because of a lack of staffing, facilities, medical devices, equipment or supplies, or other resources attributable to COVID-19 that impacts the typical level of care, and acts or omissions undertaken by a provider related to use or nonuse of PPE.

The above sections do not relieve health care providers or any person of liability for civil damages for any act or omission which constitutes recklessness or willful misconduct.

Immunity Protections for Other Business Operations

The law also covers protections related to business and employee liability. In order for an individual to file a civil claim related to COVID-19, there must be some form of actual injury. Additionally, Senate File 2338 limits the duty of care liability for owners of a premises. Property owners/lessee/tenants who permit, directly or indirectly, individuals on to a premise shall not be liable for civil damages for any injuries sustained from exposure to COVID-19. The exceptions to the immunity are owners who recklessly disregard a substantial and unnecessary risk for exposing a person to COVID-19, an owner who exposes an individual to COVID-19 with actual malice, or an owner who exposes a person intentionally to COVID-19 on their premises.

Finally, the law providers a safe harbor to protect a person or entity that was acting in substantial compliance with federal or state guidance related to COVID-19 from civil damages for any injuries or exposure to COVID-19.