Supporters of COVID liability protection for nursing homes say proposed legislation is narrow, temporary and would not apply to incidents of neglect or abuse.
“The type of conduct nursing home advocates were describing that would be protected by this legislation is a crime, which would be prosecuted by the state,” said Rich AuBuchon, executive director of the Missouri Civil Justice Reform Coalition.
“What we've seen from people who are advocating this type of position is that somehow COVID liability legislation will give a blank check and it’s just not true.”
If approved by the House, SB 51/42 would require evidence of recklessness or willful misconduct, which caused personal injury in order for an individual or entity “engaged in businesses, services, activities, or accommodations” to be held liable for exposure to the coronavirus.
“This legislation is forward-looking so it can not be retroactive,” Aubuchon told the St. Louis Record. “You see retroactivity legislation in other states, which means it applies to a date or a cause of action that may have accrued prior to the passage of the legislation. Missouri's constitution does not allow for that.”
The Senate approved SB 52/42 without an emergency clause and, as a result, the effective date of the bill would be August 28, 2021.
“The crux of the issue is that if a plaintiff believed that, during the worst of our COVID outbreak here in Missouri, they had a claim against a nursing home, this bill would not apply to them whatsoever,” Aubuchon said.
As previously reported, SB 51/42 is a combination of SB 42, which was introduced by Sen. Bill White (R-Joplin), and SB 51, which was introduced by Sen. Tony Luetkemeyer (R-Parkville). The bill has a sunset of four years so that it would no longer be needed after its fourth year.
“It would only apply to situations where the claim accrued after the passage of the bill and we hope that the worst is behind us,” Aubuchon said. “Certainly there could be a variant of COVID-19, which we’ve seen in other countries but we hope that doesn't have to be revisited here in Missouri and other states especially after vaccination. Our vaccination uptake in Missouri has gone exceptionally.”
More than 1.6 million people have been inoculated against the coronavirus statewide, according to the state’s dashboard, and 2.2 million people have received at least one dose.
But the COVID liability reform package was voted down this week in the Rules Committee.
“It could go back to the committee of its origin or the vote could be reconsidered within three committee meetings,” AuBuchon added. “People shouldn’t be up in arms about it. The committee chair changed his vote and he can reconsider that vote. The committee could be changed in its construct of those who voted on the bill to ensure its passage and that is all within the control of the Speaker.”
The House Speaker is Republican Rob Vescovo.