View Amendment Current Amendment: 5 to Bill 147

Senator MATTHEWS proposed the following amendment (147MBM4):

Amend the joint resolution, as and if amended, by striking SECTION 4 and inserting the following:

/ SECTION 4. (A) Notwithstanding any other provision of law, a covered entity or covered indvidual that adheres to public health guidance applicable at the time that conduct giving arise to a coronavirus claim occurs shall have a rebuttable presumption that their acts or omissions were reasonable in the course of, or through the performance or provision of, any business or health care services.

(B) This presumption may be rebutted by clear and convincing evidence that the covered entitiy or covered individual caused the injury or damage :

(1) through knowingly reckless, willful, or intentional misconduct, or

(2) by failing to reasonably attempt to adhere to public health guidance.

(C) Any failure by a covered entity or covered individual to adhere to public helath guidance shall constitute conclusive evidence that a duty of care has been breached for purposes of any coronvirus claim. /