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AN ACT relating to liability protection in emergencies. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 39A.275 (Effective until December 31, 2023) is amended to 3
read as follows: 4
(1) As used in this section: 5
(a) "Arising from COVID-19" means an injury or harm that allegedly occurred on 6
or after the emergency was declared on March 6, 2020, and until the 7
emergency declaration is withdrawn, revoked, or lapses, caused by or resulting 8
from: 9
1. The actual, alleged, or possible exposure to, transmission of, or 10
contraction of COVID-19; 11
2. Services, treatment, or other action performed to limit or prevent the 12
spread of COVID-19; or 13
3. Services performed by an entity outside the normal course of its business 14
in response to COVID-19; 15
(b) "COVID-19" means the novel coronavirus identified as SARS-CoV-2, or a 16
virus mutating from SARS-CoV-2, or any variant of SARS-CoV-2, and 17
medical conditions associated with the virus; 18
(c) "COVID-19 claim" means any claim or cause of action for an act or omission 19
arising from COVID-19 that accrued on or after the date the emergency was 20
declared on March 6, 2020, and until the emergency declaration is withdrawn, 21
revoked, or lapses; 22
(d) "Executive action" means: 23
1. All orders and guidelines related to a COVID-19 declared emergency 24
issued by the Governor or any state agency, the President of the United 25
States or any federal agency, or a local governmental agency; and 26
2. Industry-specific guidelines related to a COVID-19 declared emergency 27 UNOFFICIAL COPY 22 RS BR 362
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adopted by a state agency that govern the industry; 1
(e) "Executive action": 2
1. Does not mean informal or indefinite statements or recommendations 3
made by government officials; and 4
2. Does not create a duty of care; 5
(f) "Health care providers" means: 6
1. Any health facility as defined in KRS 216B.015; 7
2. Any person or entity providing health care or health services, including 8
those licensed, certified, or registered under, or subject to, KRS 9
194A.700 to 194A.729 or KRS Chapters 310, 311, 311A, 311B, 312, 10
313, 314, 314A, 315, 319, 319A, 319B, 319C, 320, 327, 333, 334A, or 11
335; 12
3. The current and former employers, officers, directors, administrators, 13
agents, or employees of those entities listed in subparagraphs 1. and 2. of 14
this paragraph; or 15
4. Any person acting within the course and scope of his or her office, 16
employment, or agency relating to a health care provider; 17
(g) "Owner" means: 18
1. The possessor of a fee simple, reversionary, or easement interest, a 19
tenant, lessee, occupant, or person in control of any premises, and his or 20
her employees and agents; or 21
2. The possessor of an ownership interest, lessee, occupant, or person in 22
control of an automobile, bus, train, boat, or aircraft, whether or not 23
licensed as a common carrier or motor carrier, and his or her employees 24
and agents; 25
(h) "Person" has the same meaning as in KRS 446.010, any other profit or 26
nonprofit institution or legal entity, and any employer or employee; 27 UNOFFICIAL COPY 22 RS BR 362
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(i) "Political subdivision" has the same meaning as "governmental entity" in KRS 1
341.069; and 2
(j) "Premises" means: 3
1. Private or public roads, walking or cycling paths, sidewalks, hiking or 4
multi-use trails, watercourses, or water ways; 5
2. Buildings and structures, including houses of worship, schools, homes, 6
parks, restaurants, shops, stadiums, arenas, gyms, medical facilities, 7
long-term care facilities, retail facilities, wholesale and manufacturing 8
facilities, and facilities in which individuals charged with or convicted 9
of a crime are incarcerated; 10
3. Aircraft, automobiles, trains, buses, or watercraft, whether or not 11
licensed as a common carrier or motor carrier; or 12
4. Any other location where members of the public may engage in 13
personal, commercial, social, religious, or other activities. 14
(2) Except as provided in subsection (3) of this section, an owner who follows any 15
executive action to prevent the spread of COVID-19 during the COVID-19 declared 16
emergency and either directly or indirectly invites or permits another person to enter 17
the owner's premises while a COVID-19 declared emergency affecting the premises 18
remains in effect or continues, does not: 19
(a) Extend any assurance that the premises are safe from any risk of exposure to 20
COVID-19 or to conditions caused by the COVID-19 declared emergency; 21
(b) Owe a duty to protect from or warn about any risk related to or caused by 22
COVID-19; or 23
(c) Assume responsibility, or incur liability, for any alleged injury, loss, or 24
damage to persons or property arising from a COVID-19 claim. 25
(3) Nothing in this section limits any liability of an owner for gross negligence, or 26
wanton, willful, malicious, or intentional misconduct. 27 UNOFFICIAL COPY 22 RS BR 362
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(4) Nothing in this section shall: 1
(a) Create a duty of care or ground of liability for injury to persons or property; 2
(b) Relieve any person entering premises from any obligation that he or she may 3
have in the absence of this section to exercise care in his or her use of the 4
premises, or from the legal consequences of the failure to employ such care; 5
(c) Affect the right of persons to receive benefits to which he or she would 6
otherwise be entitled under KRS Chapter 342, nor does it affect the exclusive 7
application of that chapter; [or] 8
(d) Affect the applicability of KRS Chapter 338; or 9
(e) Entitle an owner to the liability protections afforded by this section, if that 10
owner requires his or her employees to receive a vaccination against 11
COVID-19 as a condition of employment and an employee develops a 12
serious adverse reaction as a result of the vaccination. 13
(5) Any COVID-19 claim for personal injury against an owner or essential service 14
provider shall be brought within the time set out in KRS 413.140. For purposes of 15
this subsection, such claim shall be deemed to have accrued at the time the injury is 16
first discovered, or in the exercise of reasonable care should have been discovered. 17
(6) Any COVID-19 claim involving motor vehicle accidents shall be governed by the 18
limitation periods in KRS 304.39-230. 19
(7) Any COVID-19 claim involving damage to real property shall be brought within the 20
time set out in KRS 413.120. 21
(8) (a) Any essential service provider during the declared emergency of the COVID-22
19 pandemic shall not be liable for any COVID-19 claim. 23
(b) Nothing in this subsection limits any liability of an essential service provider 24
for gross negligence, or wanton, willful, malicious, or intentional misconduct. 25
(9) The following businesses and service providers shall be deemed essential service 26
providers and shall be considered an agent of the Commonwealth of Kentucky for 27 UNOFFICIAL COPY 22 RS BR 362
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the limited purpose of providing essential services arising from COVID-19: 1
(a) The following service providers identified in Executive Order No. 2020-257 2
dated March 25, 2020: 3
1. Organizations that provide charitable and social services; 4
2. Individuals and businesses needed for transportation; 5
3. Financial institutions; 6
4. Mail, post, shipping, and pick-up services; 7
5. Individuals and businesses that produce, supply, prepare, and sell food; 8
6. Home-based care and services; and 9
7. Individuals and businesses that work in the supply chain for critical 10
medical and pharmaceutical products; 11
(b) Health care providers; 12
(c) Medicaid waiver providers; 13
(d) Elementary and secondary schools, whether public or private; 14
(e) Child care service providers and facilities; 15
(f) Funeral directors, morticians, undertakers, and embalmers; 16
(g) Local government agencies and political subdivisions; and 17
(h) Manufacturers located in the Commonwealth of Kentucky that produced or 18
are producing, or that distributed or are distributing, medical, medicinal, 19
hygienic items such as face masks and hand sanitizers, or other personal 20
protective equipment. 21
(10) Nothing in KRS Chapters 39A to 39F amends, repeals, or alters any immunity, 22
defense, limitation of liability, or procedure available or required under any other 23
law or contract. 24