ATRA Supports Sen. Sasse Liability Shield

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ATRA details its support of inclusion of the Facilitating Innovation to Fight Coronavirus Act in the fourth coronavirus stimulus package.

While Congress grapples with what to include in the fourth coronavirus relief package, ATRA applauds the leadership of Sen. Ben Sasse (R – Neb.) in acknowledging the need for additional liability protections for health care workers. Sen. Sasse introduced the Facilitating Innovation to Fight Coronavirus Act which would limit liability for health care providers who are testing, treating or otherwise countering the effects of coronavirus.

While the Good Samaritan provision included in the CARES Act provided protection for volunteer health care workers, ATRA urges Congress to include language in the upcoming fourth package similar to that which Sen. Sasse proposed. This additional protective measure is an important step toward ensuring that our nation’s brave health care workers are empowered to fight this highly contagious virus to the best of their abilities each day without fear of legal repercussions.

This bill would limit liability for workers who:

  • use or modify a medical device for an unapproved use or indication; 
  • practice 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
  • conduct the testing of, or the provision of treatment to, a patient outside of the premises of standard health care facilities. (Source: Office of U.S. Sen. Ben Sasse Press Release)

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