| 1 | 1 | | |
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| 2 | 2 | | |
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| 3 | 3 | | LCO No. 1672 1 of 2 |
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| 4 | 4 | | |
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| 5 | 5 | | General Assembly Proposed Bill No. 538 |
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| 6 | 6 | | January Session, 2021 |
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| 7 | 7 | | LCO No. 1672 |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | Referred to Committee on JUDICIARY |
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| 11 | 11 | | |
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| 12 | 12 | | |
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| 13 | 13 | | Introduced by: |
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| 14 | 14 | | SEN. LESSER, 9 |
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| 15 | 15 | | th Dist. |
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| 16 | 16 | | REP. COOK, 65 |
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| 17 | 17 | | th Dist. |
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| 18 | 18 | | SEN. WINFIELD, 10 |
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| 19 | 19 | | th Dist. |
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| 20 | 20 | | SEN. MOORE, 22 |
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| 21 | 21 | | nd Dist. |
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| 22 | 22 | | SEN. DAUGHERTY ABRAMS, 13 |
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| 23 | 23 | | th Dist. |
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| 24 | 24 | | SEN. FLEXER, 29 |
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| 25 | 25 | | th Dist. |
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| 26 | 26 | | REP. PHIPPS, 100 |
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| 27 | 27 | | th Dist. |
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| 28 | 28 | | |
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| 29 | 29 | | SEN. KUSHNER, 24 |
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| 30 | 30 | | th Dist. |
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| 31 | 31 | | REP. PORTER, 94 |
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| 32 | 32 | | th Dist. |
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| 33 | 33 | | REP. HORN, 64 |
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| 34 | 34 | | th Dist. |
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| 35 | 35 | | REP. JOHNSON, 49 |
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| 36 | 36 | | th Dist. |
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| 37 | 37 | | REP. NAPOLI, 73 |
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| 38 | 38 | | rd Dist. |
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| 39 | 39 | | REP. TURCO, 27 |
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| 40 | 40 | | th Dist. |
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| 41 | 41 | | REP. HUGHES, 135 |
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| 42 | 42 | | th Dist. |
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| 43 | 43 | | |
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| 44 | 44 | | |
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| 45 | 45 | | |
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| 46 | 46 | | |
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| 47 | 47 | | AN ACT CONCERNING THE FILING OF CIVIL ACTIONS AGAINST |
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| 48 | 48 | | NURSING HOME FACILITIES FOR ALLEGED NEGLIGENCE IN |
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| 49 | 49 | | RESPONDING TO THE COVID -19 PANDEMIC. |
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| 50 | 50 | | Be it enacted by the Senate and House of Representatives in General |
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| 51 | 51 | | Assembly convened: |
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| 52 | 52 | | |
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| 53 | 53 | | That the general statutes be amended to provide that: (1) Any person 1 |
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| 54 | 54 | | who has been harmed by the negligent conduct, omissions or 2 |
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| 55 | 55 | | professional negligence of a nursing home facility employee, which is 3 |
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| 56 | 56 | | attributable to the COVID-19 pandemic or while the facility was acting 4 |
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| 57 | 57 | | in support of the state's COVID-19 response on or after January 1, 2020, 5 |
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| 58 | 58 | | may bring a civil action against the nursing home facility to recover 6 |
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| 59 | 59 | | damages, notwithstanding any provision of the general statutes or any 7 |
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| 60 | 60 | | executive order; and (2) in defending an action brought under 8 |
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| 61 | 61 | | subdivision (1), a defendant may rely on guidance available at the time 9 Proposed Bill No. 538 |
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| 62 | 62 | | |
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| 63 | 63 | | |
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| 64 | 64 | | LCO No. 1672 2 of 2 |
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| 65 | 65 | | |
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| 66 | 66 | | of the act from state or federal public health authorities and may raise 10 |
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| 67 | 67 | | as a defense the existence of resource constraints related to the 11 |
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| 68 | 68 | | pandemic. 12 |
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| 69 | 69 | | Statement of Purpose: |
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| 70 | 70 | | To allow certain victims of negligence that occurred in a nursing home |
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| 71 | 71 | | facility, which negligence is related to the operation of the nursing home |
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| 72 | 72 | | facility during the COVID-19 pandemic, to bring a civil action against |
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| 73 | 73 | | the nursing home facility. |
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