HOUSE DOCKET, NO. 5000        FILED ON: 3/28/2020

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4659

The Commonwealth of Massachusetts

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PRESENTED BY:

Jeffrey N. Roy

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to protect institutions that provide emergency aid in response to the outbreak of the 2019 novel coronavirus, also known as COVID-19.

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PETITION OF:

HOUSE DOCKET, NO. 5000        FILED ON: 3/28/2020

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4659

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act to protect institutions that provide emergency aid in response to the outbreak of the 2019 novel coronavirus, also known as COVID-19.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to protect institutions that provide emergency aid in response to the outbreak of the 2019 novel coronavirus, also known as COVID-19 , therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health.
 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 231 of the General Laws is hereby amended inserting after section 85K, the following section:-

Section 85K½ (a) As used in this section the following terms shall, unless the context clearly requires otherwise, have the following meanings:-

“Emergency Aid” means goods, services, facilities, products, donations, and any other form of assistance, including, but not limited to, support, assistance or relief, and access to, use or lease of land, structures, buildings, personnel, or equipment lawfully owned or controlled by the Institution, offered or provided in response to the outbreak of the 2019 novel coronavirus, also known as COVID-19, and the governor’s March 10, 2020 declaration of a state of emergency.

“Institution” means any public or independent institution of higher education located in the commonwealth and authorized to grant degrees under any general or special law, and which offers or provides emergency aid. It shall include the trustees, officers, employees, students, volunteers, and other representatives or agents of such institution of higher education.

(b) Except in the case of willful, wanton or reckless misconduct, any Institution that, in good faith, offers or provides Emergency Aid shall be immune from suit and liability (whether in tort, contract, or otherwise) to any person, entity, or governmental body for any and all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of any Emergency Aid. In no case shall an Institution be named or joined as a party to any litigation or other legal or administrative proceeding related, directly or indirectly, to Emergency Aid that it offered, designed, developed or provided. The immunity applies to any claim for loss causally related to the administration or use by an individual of Emergency Aid, including a causal relationship with the design, development, clinical testing or investigation, manufacture, labeling, distribution, formulation, packaging, marketing, promotion, sale, purchase, donation, dispensing, prescribing, administration, licensing, or use of such Emergency Aid.

(c) Because of the critical need to respond to the outbreak of the 2019 novel coronavirus, also known as COVID-19, and the state of emergency declared by the governor, this section shall not be preempted, superseded, or nullified by federal law if this section provides greater protection than federal law.