Louisiana Senate Bill SB346

Louisiana 2022 Regular Session

• Introduced: 3/4/22
• Refer: 3/4/22
• Refer: 3/14/22

Caption

Provides relative to public health emergencies. (gov sig)

Impact

The enactment of SB346 will lead to significant alterations in the legal landscape governing healthcare providers' accountability during state-declared public health emergencies. By limiting civil liability claims to instances of gross negligence or willful misconduct, the bill purports to provide legal safeguards for healthcare providers in challenging environments. This perspective fosters a more supportive environment for providers, encouraging them to prioritize patient care without the overhang of litigation risks associated with potential exposure during emergencies. The retroactive application of the law also indicates that incidents from the onset of the pandemic, starting March 11, 2020, will be covered under this law.

Summary

Senate Bill 346 (SB346) introduces modifications regarding the civil liability of healthcare providers during public health emergencies, specifically detailed within the context of the COVID-19 pandemic. The bill proposes to allow healthcare providers to claim immunity from civil damages unless it is proven that gross negligence or willful misconduct occurred. Notably, for a healthcare provider to benefit from this immunity, they must demonstrate that the public health emergency was a substantial factor in the cause of any alleged harm. This change emphasizes the state's intent to protect healthcare entities dealing with the overflow of demands during emergencies.

Sentiment

The sentiment surrounding SB346 seems to be largely favorable among healthcare advocates and some political factions who argue that the protection encourages a robust healthcare response in times of crisis. However, there are concerns among patient advocates and legal experts that the limitations imposed by the bill could undermine accountability, particularly for patients who may have suffered due to inadequate care or negligence under the stress of emergency conditions. This juxtaposition of interests reflects a broader debate about the balance between supporting healthcare operations and ensuring the protection of patient rights and safety.

Contention

Opposition and points of contention arise primarily from patient rights advocates who argue that the bill could allow healthcare providers to evade accountability for substandard care associated with gross negligence. Critics express fears that the bill's retroactive nature could complicate existing claims and undermine victims’ avenues for justice. Additionally, there may be concerns regarding how the legal interpretation of 'substantial contributing factors' will be determined in practice, which could lead to discrepancies based on individual cases, potentially disadvantaging patients seeking redress.