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Background:
Throughout the pandemic, the healthcare community, businesses across all industries, educational institutions and nonprofits have been working tirelessly to safely serve their patients, customers, and Arizona communities. They have faced new challenges daily and have quickly responded to rapidly changing guidelines from federal, state, local and public health officials.

Businesses across all industries have also stepped up in direct pandemic response, from our front line first responders and medical personnel, to manufacturers and distributors changing their supply chains to respond to shortages of personal hygiene and protective equipment.

By providing targeted and limited safe harbors and protections for responsible actors during this pandemic, all businesses and healthcare industry workers can continue to safely provide the services and products that are vital to Arizona’s recovery without fear of abusive litigation.

Business and healthcare organizations across the state have been united in the need for timely and targeted liability protections, which continues to be one of the top priorities of this legislative session. We must remain focused on recovery and getting Arizona’s economy back on track. Unwarranted lawsuits against businesses and healthcare providers will jeopardize our economic recovery.

What does Senate Bill 1377 do?
  • Provides targeted and reasonable liability protections for businesses, educational providers, and healthcare industry working diligently to protect their employees, customers, and patients.
  • Provides protection for Arizona’s front-line medical community – doctors, nurses, hospitals, nursing homes and assisted living homes, who have put themselves at risk by treating COVID-19 patients.
Why is it needed?
  • By providing targeted and limited safe harbors and protections for responsible actors, businesses and healthcare providers can continue to safely provide services and products that are vital to Arizona’s recovery without fear of meritless and abusive litigation.  While temporary protections for healthcare workers have already been given through the Governor’s “Good Samaritan” Executive Order, state legislation is necessary to ensure we continue to protect the frontline healthcare workers battling the pandemic.
How long are they protected?
  • The relief provided is only temporary liability relief until December 31, 2022.

How does this bill compare to other protections in Arizona statute?
  • The protections provided by SB1377 generally follow the other instances (at least 25), where the legislature has extended liability relief using a gross negligence or clear and convincing standard of proof. Providers acting reasonably and in good faith should be encouraged to provide care and services.
How does this compare to other states?
  • At least 23 states and the District of Columbia have enacted liability protections.
THCC Weekly Advocacy Recap - Weekly Advocacy Recap Ending April 3, 2021

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