,i #aagth ,,congress #ast ,session ,h4 ,r4 #cjba ,,in ,,the ,,house ,,of ,,representatives ,may #g1 #bjba,mr4 ,correa 7for himself and ,mr4 ,burgess7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to provide for liability protection for health care providers for damages with respect to any harm caused by any act or omission of such health care professional or related health care entity in the course of arranging for or providing health care services during the ,,covid-#ai public health emergency period1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,coronavirus ,provider ,protection ,act4 #b4 ,limitation on liability for health care professionals and related health care entities related to ,,covid-#ai emergency response 7a7 ,limitation on liability ,except as provided in subsection 7b71 a covered health care provider shall not be liable for damages under any law of the ,united ,states or of any ,state 7or political subdivision thereof7 for any harm caused by any act or omission of such covered health care provider in the course of arranging for or providing health care services if such health care services were provided in good faith or were withheld for reasons related to the ,,covid-#ai pandemic and the act or omission-- 7#a7 occurs-- 7,a7 during the emergency period or during the #fj-;day period following the termination of such emergency period2 and 7,b7 in the course of providing health care services that1 with respect to a health care professional-- 7i7 are within the scope of the license1 registration1 or certification of the health care professional1 as defined by the ,state of licensure1 registration1 or certification2 7ii7 do not exceed the scope of license1 registration1 or certification of a substantially similar health care professional in the ,state in which such act or omission occurs2 and 7iii7 may be outside the health care professional's normal area of practice2 or 7,c7 in the course of providing health care services that1 with respect to a related health care entity1 are within the licensure and accreditation of the related health care entity2 and 7#b7 is committed 7or not undertaken7-- 7,a7 based upon any direction1 guidance1 recommendation1 or other statement made by a ,federal1 ,state1 or local official to address or in response to the ,,covid-#ai pandemic2 7,b7 based upon any guidance published by any ,federal1 ,state or local department or any division or agency of such department in response to the ,,covid-#ai pandemic2 or 7,c7 due to a lack of resources1 including manpower1 attributable to the ,,covid-#ai pandemic4 7b7 ,exceptions ,subsection 7a7 does not apply with respect to harm caused by an act or omission of a covered health care provider1 as described in such subsection1 if-- 7#a7 the act or omission constitutes willful or criminal misconduct1 gross negligence1 reckless misconduct1 or a conscious flagrant indifference to the rights or safety of the individual harmed by the covered health care provider2 or 7#b7 the health care provider provided the health care services under the influence 7as determined pursuant to applicable ,state law7 of alcohol or an intoxicating drug 7other than a prescription drug taken under the orders of a physician74 7c7 ,preemption 7#a7 ,in general ,this section preempts the laws of a ,state or any political subdivision of a ,state to the extent that such laws are inconsistent with this section1 unless such laws provide greater protection from liability4 7#b7 ,volunteer ,protection ,act ,protections afforded by this section are in addition to those provided by the ,volunteer ,protection ,act of #aiig 7,public ,law #aje-ai74 7d7 ,definitions ,in this section3 7#a7 ,the term covered health care provider means-- 7,a7 a health care professional2 or 7,b7 a related health care entity4 7#b7 ,the term emergency period has the meaning given such term in section #aace7;g77#a77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#e7;g77#a77;,b774 7#c7 ,the term harm includes physical1 nonphysical1 economic1 and noneconomic injury or losses4 7#d7 ,the term health care professional means an individual who is licensed1 registered1 or certified under ,federal or ,state law to provide health care services4 7#e7 ,the term related health care entity means an entity with which a health care professional has a professional affiliation under which the health care professional performs health care services1 including a skilled nursing facility1 hospital1 academic medical center1 ambulatory surgical center1 group medical practice1 or medical clinic4 7#f7 ,the term professional affiliation includes staff privileges1 medical staff membership1 employment or contractual relationship1 partnership or ownership interest1 academic appointment1 or other affiliation under which a health care professional provides health care services on behalf of1 or in association with1 the related health care entity4 7#g7 ,the term health care services means any services rendered or items provided by a health care professional or related health care entity1 or by any individual working under the supervision of a health care professional1 that relate to-- 7,a7 the treatment1 diagnosis1 prevention1 or mitigation of ,,covid-#ai2 7,b7 the treatment1 diagnosis1 or care with respect to an individual with a confirmed or suspected case of ,,covid-#ai2 or 7,c7 the treatment1 diagnosis1 or care with respect to an individual who presents to a health care professional or related health care entity during the emergency period4