COLUMBUS, Ohio (WKRC) – The Ohio General Assembly is close to passing a controversial bill that would prevent anyone from suing a medical provider or business for anything related to the coronavirus pandemic.
The Ohio Senate Judiciary Committee Wednesday approved a fourth draft of the bill, which includes amendments extending the qualified immunity to more businesses, including emergency rooms and health clubs.
Businesses would also be protected against lawsuits by the new bills, as would government agencies. So, that would mean prison guards, for example, couldn’t sue if they got sick with COVID-19 due to possible negligence by the Ohio Department of Rehabilitation and Corrections.
The bill does state that someone could be sued for reckless behavior, but that is higher than the standard negligent or gross negligent standard in place for other lawsuits.
Many advocacy groups and lawyers worry that the bill protects actions outside of coronavirus-related events.
“This bill is dangerous because it will not allow individuals who may act recklessly or provide inappropriate care to be held accountable,” said Kerstin Sjoberg, executive director of Disability Rights Ohio.
House Majority Leader Bill Seitz, a Republican representing Green Township, is the co-sponsor of the House version of the bill. He says it focuses on coronavirus cases for both medical professionals and businesses.
“We are not about to allow a pandemic to become a payday for plaintiff’s lawyers. We are therefore extending principles that are already part of Ohio law,” Seitz told Local 12 Wednesday.
The bill is headed for another hearing in the house next week, but it has been fast-tracked for possible passage by the end of the month. Differences between the House and Senate versions would still need to be worked out, and Gov. Mike DeWine has not indicated whether or not he would sign the bill.
Others, including several trial lawyers, workers unions and even the AARP worry that the bill would give too much protection to businesses and medical providers. They say it would also prevent state agencies from disciplining doctors and other providers under their normal regulatory procedures as well. And they say there is no set expiration date, although some legislators say it would expire at the end of 2020.
Business groups favor the bill, saying it does not protect companies from all negligence.
“Extending [businesses] these kind of protections is, we believe, a reasonable way to accelerate their path back to recovery,” said Mark Kylander, regional data and policy manager for the Cincinnati Chamber of Commerce.
