Kansas Statutes 60-5506. Covered facilities; affirmative defense to liability in a civil action for COVID-19 claims
Terms Used In Kansas Statutes 60-5506
- covered facility: includes a center approved by the centers for medicare and medicaid services as a program for all-inclusive case for the elderly (PACE) under 42 C. See Kansas Statutes 60-5502
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Public health directives: means any of the following that is required by law to be followed related to public health and COVID-19:
(1) State statutes, rules and regulations or executive orders issued by the governor pursuant to Kan. See Kansas Statutes 60-5502
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) Notwithstanding any other provision of law, a covered facility is immune from liability in a civil action for damages for a COVID-19 claim if such facility was in substantial compliance with public health directives applicable to the activity giving rise to the cause of action when the cause of action accrued.
(b) As used in this section, “public health directives” means any of the following that are required by law to be followed related to COVID-19:
(1) State statutes or rules and regulations; or
(2) federal statutes or regulations from federal agencies, including the United States centers for disease control and prevention and the occupational safety and health administration of the United States department of labor.
(c) The provisions of this section shall not apply to civil liability when it is established that the act, omission or decision giving rise to the cause of action constituted gross negligence or willful, wanton or reckless conduct.