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August 2020 Newsletter

PPN | Michigan, National, News, Newsletter | Source | August 27, 2020

Just the facts: COVID-19 liability reforms As the need to head off a COVID-19 medical liability crisis grows, the American Medical Association (AMA) highlights the Health Coalition on Liability and Access’ (HCLA’s) advocacy efforts in building support for the facts of the matter. With COVID-19 cases building at a rate nearing 50,000 per day, risks of unwarranted lawsuits remain for physicians treating pandemic patients. This risk also threatens patient access to aspects of the health care system that may be disrupted as a result. Pending in the House of Representatives is H.R. 7059, the Coronavirus Provider Protection Act. Similar protections are included in S. 4317, the SAFE TO WORK Act, under consideration for the Senate pandemic stimulus bill. “Physicians and other health care professionals are putting themselves at risk every day while facing shortages of medical supplies and safety equipment, as well as changing directives and guidance from all levels of government,” then-AMA President Patrice A. Harris, MD, MA, said previously. While opposition arguments exaggerate the reach and intent of the bill, the AMA highlights six arguments developed by the HCLA that spells out the reality of how pending legislation would address COVID-19 liability issues: • Providing limited and targeted protection…

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July 2020 Newsletter

PPN | California, National, News, Newsletter | Source | July 31, 2020

Senate stimulus bill introduced with COVID-19 liability protections A second economic stimulus bill introduced in the U.S. Senate this week (S. 4317, the “Safeguarding America’s Frontline Employees To Offer Work Opportunities Required to Kickstart the Economy Act” or the “SAFE TO WORK Act”) incorporates important liability protections for frontline medical providers and facilities. The issue has remained unresolved at the federal level since the start of the pandemic. This is of particular concern given the national nature of the crisis and the lack or inadequacy of sufficient state-level protections. Language in the bill creates an exclusive federal cause of action for injuries resulting from the treatment, diagnosis, or care of coronavirus, or care directly affected by the coronavirus. In addition, the bill preserves state laws which provide even greater levels of protection for our frontline healthcare professionals. The HCLA has also supported a bipartisan standalone bill, H.R. 7059, that addresses the legal vulnerabilities faced by healthcare providers as a result of the pandemic. Both H.R. 7059 and S. 4317 appropriately exclude liability protections in situations of gross negligence or willful misconduct. Speaking in support of the bill, Senate Majority Leader Mitch McConnell stated, “Nobody should have to face an epidemic…

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June 2020 Newsletter

PPN | Iowa, National, News, Newsletter | Source | June 30, 2020

Federal legislation for pandemic providers, facilities gains momentum Late last month, federal legislation was introduced to address the increasing need for liability protections covering front line pandemic responders and the facilities in which they work. H.R. 7059, the Coronavirus Provider Protection Act, is a bipartisan bill introduced by Representatives Phil Roe, MD (R-TN) and Lou Correa (D-CA). The bill includes long-awaited protections addressing the liability exposure of healthcare providers who responded to the health crisis arising from the pandemic. “Plaintiff attorneys have already begun filing COVID-19-related lawsuits, and lawsuits, even those without merit, cost time and money, which clearly interferes with the country’s economic recovery. More importantly, such lawsuits distract health care providers from keeping laser-focused on caring for their patients,” said HCLA Vice-Chair Katie Orrico, in an article in the Northern California Record. their patients,” said HCLA Vice-Chair Katie Orrico, in an article in the Northern California Record. The bill is picking up further momentum as additional co-sponsors sign on and HCLA member organizations express their support. In a letter to Representatives Roe and Correa, HCLA member organizations highlighted that “…H.R. 7059 is a comprehensive, federal solution to a national crisis that cannot be solved by any one state….

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