,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gebh ,,in ,,the ,,house ,,of ,,representatives ,july #i1 #bjbj,mr4 ,graves of ,louisiana 7for himself1 ,mr4 ,cuellar1 ,mr4 ,carter of ,texas1 ,mr4 ,peterson1 ,mr4 ,barr1 and ,mr4 ,hice of ,georgia7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,education and ,labor1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to limit the civil liability of persons for the spread or possible transmission of ,,sars-,,cov-#b caused by an act or omission while acting in good faith during the ,,covid-#ai emergency period1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,get ,america ,back to ,work ,act4 #b4 ,limitation on liability 7a7 ,in general ,except as provided in subsection 7c71 no person shall be liable in any civil action for the spread or possible transmission of ,,sars-,,cov-#b caused by an act or omission of the person acting in good faith between ,january #a1 #bjbj1 and the date that is #ah months after the end of the emergency period 7as defined in section #aace7;g77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77#a77;,b7774 7b7 ,preemption ,the laws of a ,state or any political subdivision of a ,state are hereby preempted to the extent such laws are inconsistent with this section1 unless such laws provide greater protection from liability4 7c7 ,exceptions ,subsection 7a7 does not apply if the harm is shown1 by clear and convincing evidence1 to be caused by an act or omission constituting willful or criminal misconduct1 reckless misconduct1 gross negligence1 or a conscious flagrant indifference to the rights or safety of the individual harmed by the person4 ,for purposes of this section1 infection with ,,sars-,,cov-#b may not be the basis for damages arising from bodily injury except to the extent that such injury is serious bodily injury4 7d7 ,definitions ,in this section3 7#a7 ,person ,the term person includes-- 7,a7 one or more individuals1 business trusts1 legal representatives1 corporations1 companies1 associations1 firms1 partnerships1 societies1 joint stock companies1 universities1 schools1 nonprofit organizations1 or religious organizations2 or 7,b7 any organized group of entities described in subparagraph 7,a74 7#b7 ,good faith ,the term good faith means making reasonable efforts to act in compliance with-- 7,a7 applicable guidance from a ,federal1 ,state1 local1 territorial1 or ,tribal public health authority2 or 7,b7 appropriate professional or industry standards1 recommendations1 or guidance4 7#c7 ,serious bodily injury ,the term serious bodily injury means-- 7,a7 death or injury requiring in-patient hospitalization of at least #dh hours2 7,b7 permanent impairment of a bodily function2 or 7,c7 permanent damage to a body structure4 7e7 ,applicability ,the limitation in this section shall be applicable in cases filed before1 on1 or after the date of enactment of this ,act4 7f7 ,rule of construction ,nothing in this section may be construed as superseding or weakening any ,federal statute or other provision of ,federal law that preempts the authority or actions of a ,state1 territory1 a political subdivision of a ,state or territory1 or an ,indian ,tribe to regulate the practices or services of certain businesses or industries4 #c4 ,limitation on liability for health care professionals during ,,covid-#ai emergency response 7a7 ,limitation on liability ,except as provided in subsection 7b71 a provider of health care services1 including a health care professional1 shall not be liable under ,federal or ,state law for the spread or possible transmission of ,,sars-,,cov-#b caused by an act or omission of the provider in the provision of health care services acting in good faith between ,january #a1 #bjbj1 and the date that is #ah months after the end of the emergency period 7as defined in section #aace7;g77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77#a77;,b7771 if-- 7#a7 the provider is providing health care services significantly impacted by1 or in response to1 the ,,covid-#ai pandemic2 and 7#b7 the act or omission-- 7,a7 occurs in the course of providing health care services that are within the scope of the license1 registration1 or certification of the professional1 as defined by the ,state of licensure1 registration1 or certification2 7,b7 does not exceed the scope of license1 registration1 or certification of a substantially similar health professional in the ,state in which such act or omission occurs2 and 7,c7 is undertaken in a good faith belief that the individual being treated is in need of health care services4 7b7 ,exceptions ,subsection 7a7 does not apply if-- 7#a7 the harm is shown1 by clear and convincing evidence1 to be caused by an act or omission of the provider of health care services constituting willful or criminal misconduct1 reckless misconduct1 gross negligence1 or a conscious flagrant indifference to the rights or safety of the individual harmed by the health care professional2 or 7#b7 the provider of health care services rendered the health care services under the influence 7as determined pursuant to applicable ,state law7 of alcohol or an intoxicating drug4 7c7 ,preemption ,the laws of a ,state or any political subdivision of a ,state are hereby preempted to the extent such laws are inconsistent with this section1 unless such laws provide greater protection from liability4 7d7 ,definitions ,in this section-- 7#a7 ,the term good faith means making reasonable efforts to act in compliance with-- 7,a7 applicable guidance from a ,federal1 ,state1 local1 territorial1 or ,tribal public health authority2 or 7,b7 appropriate professional or industry standards1 recommendations1 or guidance4 7#b7 ,the term health care professional means an individual who is licensed1 registered1 certified1 or otherwise authorized under a ,federal or ,state law to provide health care services4 7#c7 ,the term health care services means any service provided by a health care professional1 or by any individual working under the supervision of a health care professional1 that relates to the diagnosis1 prevention1 or treatment of ,,covid-#ai4 #d4 ,occupational safety or health hazard exemption ,the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq47 is amended-- 7#a7 in section #i 7#bi ,u4,s4,c4 #feh7-- 7,a7 subsection 7a71 by striking ,if1 upon inspection and inserting ,except as provided in subsection 7d71 if1 upon inspection2 and 7,b7 by adding at the end the following new subsection3 7d7 ,,covid-#ai exemption 7#a7 ,in general ,for the period specified in paragraph 7#c71 the ,secretary may not exercise authority pursuant to subsection 7a7 to issue a citation with respect to a violation related to the spread or possible transmission of ,,sars-,,cov-#b in the workplace if the ,secretary determines that the employer acted in good faith4 7#b7 ,good faith defined ,the term good faith has the meaning given such term in section #b7;d7 of the ,get ,america ,back to ,work ,act4 7#c7 ,period specified ,the period specified in this paragraph is the period beginning on ,january #a1 #bjbj1 and ending on the date that is #ah months after the end of the emergency period 7as defined in section #aace7;g77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77#a77;,b7774 2 and 7#b7 in section #ag 7#bi ,u4,s4,c4 #fff7-- 7,a7 in subsection 7a71 by striking ,any employer who willfully and inserting ,except as provided in subsection 7m71 any employer who willfully2 7,b7 in subsection 7e71 by striking ,any employer who willfully and inserting ,except as provided in subsection 7m71 any employer who willfully2 and 7,c7 by adding at the end the following new subsection3 7m7 ,,covid-#ai exemption ,for the period specified in section #i7;d77#c71 with respect to the spread or possible transmission of ,,sars-,,cov-#b in the workplace1 no employer who acted in good faith 7as defined in section #b7;d7 of the ,get ,america ,back to ,work ,act7 shall be subject to penalties under subsection 7a7 or subsection 7e74 4