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 826 Reengrossed 2020 Regular Session Pressly
Abstract: Limits liability for certain business operations for the voluntary performance of public
contracts, for gratuitous emergency care, for the performance of business operations, for the
manufacture and use of personal protective equipment, and provides for the rights of
employees during the COVID-19 public health emergency.
Proposed law provides that during the public health emergency declared during the outbreak of
COVID-19, the following classes of persons shall not be civilly liable for any act or omission related
thereto except in the event of gross negligence or willful and wanton misconduct:
(1)Persons owning or controlling real estate who voluntarily and without compensation allow
such real estate or premises to be used for the purpose of sheltering persons.
(2)Persons who perform in contract with and under the direction of the state or its political
subdivisions.
(3)Persons who render assistance or advice at the request of the state or its political
subdivisions.
(4)Persons who gratuitously render emergency care.
(5)Manufacturers, distributors, and users of personal protective equipment.
Proposed law provides that no person or local or state government or political subdivision thereof
shall be liable for civil damages for injury or death resulting from exposure to COVID-19 in the
course of or through the performance of a person's business operations unless it is proven that the
person, government, or political subdivision was not in substantial compliance with applicable
COVID-19 procedures.
Proposed law provides that when two or more sets of COVID-19 procedures apply to a business
operation or to the use, dispensing, or administering of personal protective equipment, the
responsible party need only substantially comply with one applicable set of procedures.
Proposed law provides that employees not covered by Worker's Compensation shall have no remedy
in tort against their employer for exposure to COVID-19 unless caused by an intentional act.
Proposed law is retroactive to March 11, 2020. Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 9:2800.24)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill:
1. Add provisions relative to liability for the voluntary performance of public contracts,
gratuitous emergency care, business operations, personal protective equipment, and the
rights of employees.
2. Remove provisions relative to healthcare providers and persons who perform an action
outside their usual scope of business.
3. Provide for retroactive application.
The House Floor Amendments to the engrossed bill:
1. Extend protections for business operations to those run by a state or local government or
a political subdivision thereof.
2. Remove the burden of proof standard to establish substantial non-compliance with
procedures applicable to business operations.
3. Require persons to comply with only one set of COVID-19 procedures for business
operations and the use of personal protective equipment when multiple sets of procedures
apply.
4. Clarify the classes of employers and persons potentially liable pursuant to the Louisiana
Worker's Compensation Law.
5. Add technical amendments.