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 856 Original 2020 Regular Session Edmonds
Abstract: Provides a limitation of liability to certain individuals and businesses that provide food
and medical supplies and related equipment in response to the COVID-19 public health
emergency.
Present law provides that no person shall have a cause of action for damages against a restaurant,
church, civic organization, or school, or against any individual, farmer, manufacturer, processor,
packer, wholesaler, or retailer of food who donates perishable, salvageable food which is prepared
and subsequently donated by the restaurant, church, civic organization, or school to a facility which
operates an on-premises feeding program for certain persons, unless the damages result from the
intentional act or omission or the negligence of the restaurant or donor.
Proposed law retains present law and also provides a limitation of liability for damages caused by
the condition of food when a restaurant, church, civic organization, school, individual, farmer,
manufacturer, processor, packer, wholesaler, or retailer of food provides food directly or indirectly
to the general public through donation or for compensation during the COVID-19 public health
declared state of emergency.
Proposed law provides that proposed law shall only be applicable and remain in effect for the
duration of Proclamation JBE 2020-25 and for the duration of any extension of the public health
declared state of emergency.
Present law provides that medical personnel who, in good faith and regardless of compensation,
render or fail to render emergency care, health care services or first aid during a declared state of
emergency when the state of emergency affects the rendering of medical care shall not be liable for
any civil damages or injury as a result of any act or omission related to the rendering of or failure to
render services, unless the damages or injury was caused by gross negligence or willful and wanton
misconduct.
Proposed law retains present law.
Present law provides definitions for "during a declared state of emergency", "health care services",
and "medical personnel".
Proposed law retains present law but specifies that "during a declared state of emergency" means a
declaration by proclamation or executive order. Proposed law extends the present law limitation of liability to individuals and businesses that
produce or supply in good faith and regardless of compensation, medical supplies and related
equipment in response to the COVID-19 public health declared state of emergency.
Proposed law defines "healthcare provider" and "medical supplies and related equipment".
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 9:2799.3 and R.S. 37:1731.1)