Louisiana Senate Bill SB139

Louisiana 2023 Regular Session

• Introduced: 3/30/23
• Refer: 3/30/23
• Refer: 4/10/23

Caption

Provides relative to public health emergencies. (gov sig)

Impact

Legislatively, SB 139 seeks to reinforce protections for healthcare facilities and providers, ensuring that they are not at risk of civil lawsuits for damages that occur while they are responding to public health emergencies. This could encourage healthcare providers to operate with less fear of litigation during crises, thereby potentially improving their response capabilities in urgent situations. However, it's important to note that the bill preserves the requirement for proof of gross negligence or willful misconduct, maintaining a level of accountability within the healthcare system.

Summary

Senate Bill 139, introduced by Senator Harris, addresses civil liability for healthcare providers during a declared public health emergency, particularly focusing on the COVID-19 pandemic. The bill proposes changes to existing law regarding liability, establishing that healthcare providers would not be held civilly liable for death or injury arising from actions taken in response to a public health emergency unless it can be proven that gross negligence or willful misconduct occurred. Further, it requires that healthcare providers demonstrate, by a preponderance of the evidence, that the public health emergency was a significant factor in the causation of any alleged harm.

Sentiment

The sentiment surrounding SB 139 is largely supportive among healthcare professionals and organizations, who view it as a necessary measure to empower providers during challenging public health emergencies. Nonetheless, there may be concerns among advocacy groups and patients' rights organizations regarding the potential for reduced accountability, as the bill limits claims to those that can prove gross negligence. This raises questions about balancing protection for providers with the rights of patients and their families looking for redress in adverse situations.

Contention

One notable point of contention regarding SB 139 revolves around the bill's retroactive application to incidents occurring from March 11, 2020, raising concerns about fairness to past claims while simultaneously ensuring that healthcare providers are protected moving forward. The provision that allows the immunity for inpatient healthcare facilities concerning civil damages to clergy members also sparked discussions about the equal treatment of all parties involved in the healthcare system during a crisis. Stakeholders will need to navigate these complexities as they assess the bill's implementation and its implications on future healthcare regulations.