Kansas retroactively restricts COVID-19 lawsuits
The Republican-controlled Kansas Legislature passed, and Democratic Governor Laura Kelly recently signed, a measure to shield businesses and healthcare providers from COVID-19-related lawsuits. Even though the Response and Reopening for Business Liability Protection Act didn’t become effective as a law until June 8, it will be applied retroactively to any coronavirus claims accruing on or after March 12, 2020.
What the new law covers
The new law defines various immunities from prosecution for COVID-19 cases, including for:
- Healthcare providers (Section 10), protected against liability for claims related to their services in “direct response” to the public health emergency;
- Adult care facilities (Section 13), defined as nursing, residential care, or assisted living facilities and provided a defense—but not immunity—to claims arising from caring for COVID-19 patients while in compliance with applicable statutes, regulations, and Executive Orders; and
- Persons or entities “conducting business,” granted immunity if they were acting under and in substantial compliance with the applicable public health directives.
Healthcare providers. The new Kansas law provides immunity to all healthcare providers licensed or otherwise authorized to provide healthcare services in the state, including hospices certified by Medicare. But it doesn’t apply to any entity licensed under Chapter 39 of the Kansas statutes, such as adult care homes.