North Carolina 2025-2026 Regular Session

North Carolina House Bill H700 Latest Draft

Bill / Amended Version Filed 04/03/2025

                            GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
H 	1 
HOUSE BILL 700 
 
 
Short Title: The Patients' Restoration of Rights Act. 	(Public) 
Sponsors: Representative A. Jones. 
For a complete list of sponsors, refer to the North Carolina General Assembly web site. 
Referred to: Rules, Calendar, and Operations of the House 
April 3, 2025 
*H700 -v-1* 
A BILL TO BE ENTITLED 1 
AN ACT TO ALLOW CLAI MS OF ACTION FOR WRO NGFUL DEATH OR INJUR Y 2 
AGAINST A HEALTH CAR E PROVIDER ARISING AFTER MARCH 1, 2020, TO BE 3 
FILED IF OTHERWISE TIME-BARRED. 4 
The General Assembly of North Carolina enacts: 5 
SECTION 1. Article 1B of Chapter 90 of the General Statutes is amended by adding 6 
a new section to read: 7 
"ยง 90-21.19A. Temporary civil action authorization for injury or death in certain 8 
circumstances. 9 
A patient or personal representative of a patient may bring an action for death or injuries 10 
alleged to have resulted from medical malpractice arising out of a health care provider's 11 
performance of or failure to perform professional services in a court of competent jurisdiction if 12 
(i) the alleged death or injury arose on or after March 1, 2020, and (ii) the alleged death or injury 13 
was not the direct result of the patient contracting COVID-19. For the purposes of this section, 14 
the term "COVID-19" means the disease caused by the SARS-CoV-2 virus." 15 
SECTION 2. Notwithstanding Article 1L of Chapter 90 of the General Statutes or 16 
any other provision of law to the contrary, effective from March 1, 2020, until one year after the 17 
date this act becomes law, G.S. 90-21.19A, as enacted by Section 1 of this act, revives any civil 18 
action for a claim of wrongful death under Chapter 28A of the General Statutes or medical 19 
malpractice claim under Article 1B of Chapter 90 of the General Statutes, or any other 20 
appropriate civil action brought under the laws of this State, otherwise time-barred under 21 
G.S. 1-15 or G.S. 1-17 as it existed immediately before the enactment of this act. 22 
SECTION 3. G.S. 90-21.19A, as enacted by Section 1 of this act, shall expire one 23 
year after this act becomes law. 24 
SECTION 4. This act is effective when it becomes law and applies to claims that 25 
arose on or after March 1, 2020, and one year after this act becomes law. 26