Indiana 2021 Regular Session Status: Enacted 5 R cosponsors

HB 1002 — Civil immunity related to COVID-19.

Last action — Public Law 166

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 04, 2021. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 62% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 9 sponsors

    4 primary, 5 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (5 R).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Protects health care providers from professional discipline for certain acts or omissions arising from a disaster emergency unless the act or omission constitutes gross negligence, willful or wanton misconduct, or intentional misrepresentation. Provides that a health care provider is not protected from professional discipline for actions that are outside the skills, education, and training of the health care provider, unless certain circumstances apply. Specifies that orders and recommendations issued by local, state, and federal government agencies and officials during a state disaster emergency do not create new causes of action or new legal duties. Specifies that the orders and recommendations are presumed irrelevant to the issue of the existence of a duty or breach of a duty. Prohibits filing a class action lawsuit against a defendant in a civil action allowed by the statute. Specifies that a governmental entity or employee is not liable if a loss results from an act or omission arising from COVID-19 unless the act or omission constitutes gross negligence, willful or wanton misconduct, or intentional misrepresentation. Provides that a person is not liable to a claimant for loss, damage, injury, or death arising from COVID-19 unless the claimant proves that the person caused the loss, damage, injury, or death by an act or omission constituting gross negligence, willful or wanton misconduct, or intentional misrepresentation. Provides immunity from civil liability to certain persons, entities, and facilities providing health care and other services for certain acts or omissions related to the provision of health care services and other services during a state disaster emergency. Extends COVID-19 health care immunity during periods of disaster emergency after February 29, 2020, and before April 1, 2022. Resolves conflicts between SEA 1 and HB 1002.

Bill Text

We don't have the full text on file for this bill yet.

Read HB 1002 on the official Indiana source →

Action History

  1. Public Law 166

  2. Signed by the Governor

  3. Signed by the President of the Senate

  4. Signed by the President Pro Tempore

  5. Signed by the Speaker

  6. House concurred in Senate amendments; Roll Call 443: yeas 58, nays 21

  7. Motion to concur filed

  8. Returned to the House with amendments

  9. Senator Koch added as cosponsor

  10. Third reading: passed; Roll Call 349: yeas 41, nays 9

  11. Senator Kruse added as cosponsor

  12. Second reading: amended, ordered engrossed

  13. Amendment #1 (Brown L) prevailed; voice vote

  14. Committee report: amend do pass, adopted

  15. First reading: referred to Committee on Judiciary

  16. Referred to the Senate

  17. Senate sponsors: Senators Messmer, Brown L, Freeman

  18. Third reading: passed; Roll Call 23: yeas 76, nays 21

  19. Second reading: ordered engrossed

  20. Amendment #2 (DeLaney) failed; Roll Call 11: yeas 28, nays 65

  21. Committee report: amend do pass, adopted

  22. First reading: referred to Committee on Judiciary

  23. Authored by Representative Torr

  24. Coauthored by Representatives Young J, Jeter, Lehman

Sponsors

Sponsorship breakdown

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4 sponsors · 5 co-sponsors · 141 not signed on

Sponsors (4)

Co-sponsors (5)

Not signed on (141)

141 members have not signed on to this bill.

Show all 141 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 1002 do?
Protects health care providers from professional discipline for certain acts or omissions arising from a disaster emergency unless the act or omission constitutes gross negligence, willful or wanton misconduct, or intentional misrepresentation. Provides that a health care provider is not protected from professional discipline for actions that are outside the skills, education, and training of the health care provider, unless certain circumstances apply. Specifies that orders and recommendations issued by local, state, and federal government agencies and officials during a state disaster emergency do not create new causes of action or new legal duties. Specifies that the orders and recommendations are presumed irrelevant to the issue of the existence of a duty or breach of a duty. Prohibits filing a class action lawsuit against a defendant in a civil action allowed by the statute. Specifies that a governmental entity or employee is not liable if a loss results from an act or omission arising from COVID-19 unless the act or omission constitutes gross negligence, willful or wanton misconduct, or intentional misrepresentation. Provides that a person is not liable to a claimant for loss, damage, injury, or death arising from COVID-19 unless the claimant proves that the person caused the loss, damage, injury, or death by an act or omission constituting gross negligence, willful or wanton misconduct, or intentional misrepresentation. Provides immunity from civil liability to certain persons, entities, and facilities providing health care and other services for certain acts or omissions related to the provision of health care services and other services during a state disaster emergency. Extends COVID-19 health care immunity during periods of disaster emergency after February 29, 2020, and before April 1, 2022. Resolves conflicts between SEA 1 and HB 1002.
Who sponsors HB 1002?
HB 1002 is sponsored by Jerry Torr, Chris Jeter (Republican), Matt Lehman (Republican), Mark Messmer, Liz Brown (Republican), Aaron Freeman (Republican), Dennis Kruse, Eric Koch (Republican), and Young, J.
What is the current status of HB 1002?
This bill has been enacted into law. Introduced January 04, 2021. Enacted.
Where can I track HB 1002?
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Last checked for changes 3 months ago · updated continuously

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