60-5501. Title of act. K.S.A. 2021 Supp. 60-5501 through 60-5508, and amendments thereto, shall be known and may be cited as the COVID-19 response and reopening for business liability protection act. History: L. 2020, ch. 1, § 8 (Special Session); June 9.
60-5502. Definitions. As used in the COVID-19 response and reopening for business liability protection act, unless the context otherwise requires: (a) “Covered facility” means: (1) An “adult care home” as defined in K.S.A. 39-923, and amendments thereto, except that “covered facility” includes a center approved by the centers for medicare and medicaid services as a […]
60-5503. Healthcare provider immunity; COVID-19 public health emergency; exclusions. (a) Notwithstanding any other provision of law, except as provided in subsection (c), a healthcare provider is immune from civil liability for damages, administrative fines or penalties for acts, omissions, healthcare decisions or the rendering of or the failure to render healthcare services, including services that […]
60-5504. Immunity for persons or agents thereof conducting business in this state; COVID-19 claims; expiration of section. (a) Notwithstanding any other provision of law, a person, or an agent of such person, conducting business in this state shall be immune from liability in a civil action for a COVID-19 claim if such person was acting […]
60-5505. Immunity related to qualified products; product liability claims; conditions. Notwithstanding any other provision of law, a person who designs, manufactures, labels, sells, distributes, provides or donates a qualified product in response to the COVID-19 public health emergency shall be immune from liability in a civil action alleging a product liability claim arising out of […]
60-5506. Covered facilities; affirmative defense to liability in a civil action for COVID-19 claims. (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 […]
60-5507. Effect of act; limitations. Nothing in the COVID-19 response and reopening for business liability protection act: (a) Creates, recognizes or ratifies a claim or cause of action of any kind; (b) eliminates a required element of any claim; (c) affects workers’ compensation law, including the exclusive application of such law; or (d) amends, repeals, […]
60-5508. Retroactivity. (a) The provisions of K.S.A. 2021 Supp. 60-5504, 60-5505 and 60-5507, and amendments thereto, shall apply retroactively to any cause of action accruing on or after March 12, 2020. (b) The provisions of K.S.A. 2021 Supp. 60-5506, and amendments thereto, and the amendments made to K.S.A. 2021 Supp. 60-5506 by section 2 of […]
