LCO No. 1672 1 of 2
General Assembly Proposed Bill No. 538
January Session, 2021
LCO No. 1672
Referred to Committee on JUDICIARY
Introduced by:
SEN. LESSER, 9
th Dist.
REP. COOK, 65
th Dist.
SEN. WINFIELD, 10
th Dist.
SEN. MOORE, 22
nd Dist.
SEN. DAUGHERTY ABRAMS, 13
th Dist.
SEN. FLEXER, 29
th Dist.
REP. PHIPPS, 100
th Dist.
SEN. KUSHNER, 24
th Dist.
REP. PORTER, 94
th Dist.
REP. HORN, 64
th Dist.
REP. JOHNSON, 49
th Dist.
REP. NAPOLI, 73
rd Dist.
REP. TURCO, 27
th Dist.
REP. HUGHES, 135
th Dist.
AN ACT CONCERNING THE FILING OF CIVIL ACTIONS AGAINST
NURSING HOME FACILITIES FOR ALLEGED NEGLIGENCE IN
RESPONDING TO THE COVID -19 PANDEMIC.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
That the general statutes be amended to provide that: (1) Any person 1
who has been harmed by the negligent conduct, omissions or 2
professional negligence of a nursing home facility employee, which is 3
attributable to the COVID-19 pandemic or while the facility was acting 4
in support of the state's COVID-19 response on or after January 1, 2020, 5
may bring a civil action against the nursing home facility to recover 6
damages, notwithstanding any provision of the general statutes or any 7
executive order; and (2) in defending an action brought under 8
subdivision (1), a defendant may rely on guidance available at the time 9 Proposed Bill No. 538
LCO No. 1672 2 of 2
of the act from state or federal public health authorities and may raise 10
as a defense the existence of resource constraints related to the 11
pandemic. 12
Statement of Purpose:
To allow certain victims of negligence that occurred in a nursing home
facility, which negligence is related to the operation of the nursing home
facility during the COVID-19 pandemic, to bring a civil action against
the nursing home facility.