Bill Amendment: WV SB277 | 2021 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: Creating COVID-19 Jobs Protection Act

Status: 2021-05-24 - Chapter 1, Acts, Regular Session, 2021 [SB277 Detail]

Download: West_Virginia-2021-SB277-SB277_HFA_CAPITO_3-5_1.html

---

SB277 HFA Capito 3-5 #1

Becker 3258

Delegate Capito moves to amend the bill on page five, section three, line fifty-four, by striking the definition of "Impacted care" and inserting in lieu thereof the following:

(10) "Impacted care" means care offered, delayed, postponed, or otherwise adversely affected at a health care facility or from a health care provider that impacted the health care facility or health care provider's response to, or as a result of, COVID-19 or the COVID-19 emergency: Provided, That this provision does not prohibit claims that may otherwise be brought pursuant to W. Va. Code §55-7B-1, et seq. so long as such claims for loss, damage, physical injury or death are unrelated to COVID-19 or the COVID-19 emergency and the care provided. If the issue of impacted care is raised by a defendant under §55-19-4 of this code, the circuit court shall, upon motion by the defendant, stay the proceedings, including any discovery proceedings, and, as soon as practicable, hold a hearing to determine whether the care offered, delayed, postponed, or otherwise adversely affected at a health care facility or from a health care provider was related to COVID-19 or the COVID-19 emergency. If the circuit court determines that the care offered, delayed, postponed, or otherwise adversely affected at a health care facility or from a health care provider was related to COVID-19 or the COVID-19 emergency and the care provided, then the cause of action shall be dismissed under §55-19-4 of this code.;

On page six, §55-19-4, line four, by inserting the word "from" before "COVID-19 care", and inserting the word "from" before "impacted care";

On page seven, after line nine, by inserting a new section, designated section seven, to read as follows:

§55-19-7. Exception.

Excluding the provisions of §55-19-5 and §55-19-6 of this article, the limitations on liability provided in this article shall not apply to any person, or employee or agent thereof, who engaged in intentional conduct with actual malice.;

And, renumbering the remaining sections accordingly.

 

Adopted

Rejected