April 2, 2020 by matray

U.S. Senator Ben Sasse, a member of the Senate Finance Committee, introduced the Facilitating Innovation to Fight Coronavirus Act. The emergency legislation would limit liability for healthcare professionals who are fighting coronavirus.

“In ERs and ICUs across America, doctors and nurses are writing the playbook as they fight this virus one day at a time,” said Sen. Sasse. “These heroes need a common-sense liability shield so that they don’t have to worry about lawsuits while they’re scrambling to save lives. This legislation gives emergency liability and patent protections to health care professionals who are innovating on the front lines. America is going to beat this virus. Congress needs to make sure that phase four legislation protects our doctors and nurses from a plague of lawsuits.”

Background:

For healthcare providers who are testing, treating or otherwise countering the effects of coronavirus, Sasse’s bill would limit liability for healthcare providers for:

• Using or modifying a medical device for an unapproved use or indication;

• Practicing without a license or outside of an area of specialty if instructed to do so by an individual with such a license or within such an area of specialty; or

• Conducting the testing of, or the provision of treatment to, a patient outside of the premises of standard health care facilities.

Link to legislative text here.