HLS 20RS-1288 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 778
BY REPRESENTATIVE VILLIO
EMERGENCY PREPAREDNESS: Provides for the limitation of liability during a
declaration of a state of public health emergency
1 AN ACT
2To amend and reenact R.S. 29:771(B)(2)(c) and (d), relative to the Louisiana Health
3 Emergency Powers Act; to provide for the limitation of liability during a state of
4 public health emergency; to provide for the liability of healthcare providers; to
5 provide for the liability of private entities; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 29:771(B)(2)(c) and (d) are hereby amended and reenacted to read
8as follows:
9 ยง771. Miscellaneous
10 * * *
11 B. Liability.
12 * * *
13 (2) Private liability.
14 * * *
15 (c) During a state of public health emergency declared under the provisions
16 of this Chapter, any health care healthcare providers shall not be civilly liable for
17 causing the death of, or, injury to, any person or damage to any property except in
18 the event of gross negligence or willful misconduct.
19 (d) During a state of public health emergency declared under the provisions
20 of this Chapter, any private person, firm, or corporation and employees and agents
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-1288 ORIGINAL
HB NO. 778
1 of such person, firm, or corporation, who renders assistance or advice at the request
2 of the state or its political subdivisions under the provisions of this Chapter shall not
3 be civilly liable for causing the death of, or injury to, any person or damage to any
4 property except in the event of gross negligence or willful misconduct.
5 * * *
6 Section 2. This Act shall become effective upon signature by the governor or, if not
7signed by the governor, upon expiration of the time for bills to become law without signature
8by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
9vetoed by the governor and subsequently approved by the legislature, this Act shall become
10effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 778 Original 2020 Regular Session Villio
Abstract: Provides for limitation of liability to healthcare providers and private entities
operating at the request of the state during a state of public health emergency
declared only as provided by law.
Present law authorizes the governor to declare a state of public health emergency.
Present law provides that during a state of public health emergency, the following classes
of persons shall not be civilly liable for causing the death of, or injury to, any person or
damage to any property except in the event of gross negligence or willful misconduct:
(1)Healthcare providers.
(2)Private persons, firms, or corporations and employees and agents of such persons,
firms, or corporations, who render assistance or advice at the request of the state or
its political subdivisions pursuant to the La. Health Emergency Powers Act.
Proposed law retains present law but makes it effective only during a state of public health
emergency declared as provided in present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 29:771(B)(2)(c) and (d))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.