‘Good Samaritan Expansion Bill’ heading to governor’s desk

An Ohio House bill that protects individuals, schools, healthcare professionals and businesses from novel coronavirus-related civil lawsuits now heads to Gov. Mike DeWine’s desk for a signature.

“Months ago when I introduced this legislation, I stated how important this was for our frontline workers that they should not have to worry about lawsuits while helping Ohioans amid the pandemic,” sponsor Diane Grendell, R-Chester Township said in a statement. “Now this bill is even more vital as the start of the academic year is here, and we must ensure teachers and school faculty have the peace of mind they will not be sued as they work hard to safely teach our kids this year as schools reopen.”

If the legislation known as the Good Samaritan Expansion Bill is signed into law, the protections will be retroactive to March 9 and will run through Sept. 30, 2021.

According to Grendell’s office, the legislation grants immunity to health care providers for the “actions,

omissions, decisions or compliance with government orders unless it constitutes reckless disregard for life or health of the patient.” Businesses, individuals and families are protected “for the transmission, contraction, or exposure to SARS, MERS, COVID-19 or any mutation unless they are reckless, participate in willful and wanton, or intentional misconduct.”

Dozens of organizations expressed support for the bill during committee hearings. The Ohio Council of Retail Merchants, Ohio Hospital Association, InterUniversity Council of Ohio’s Public Universities, Ohio Chamber of Commerce and the Ohio Manufacturers Association were among those who supported it.

“Every industry in our state will benefit from this legislation,” Grendell said in her statement. “Giving businesses, schools and individuals a chance to return to normal while granting them peace of mind is necessary for our continued success.”

Ohio Chamber of Commerce Director of Labor and Legal Affairs Kevin Shimp, whose organization represents more than 8,000 companies that do business in Ohio, said in proponent testimony “mitigating an employer’s risk will aid Ohio’s economic comeback by removing an obstacle to reopening and an incentive for businesses to remain closed.”

A smaller number testified against the legislation in committee. Among those was Elderly Advocates President Paula Mueller, who argued it is already difficult to hold nursing homes accountable, and in the “rare cases accountability and consequences could be faced, this bill takes away the last protection (residents) have: facilities in fear of a lawsuit.

The bill passed the House in May and the Senate passed it the following month but made some changes. That sent the bill back to the House to vote on the changes. The House voted when it returned to session Sept. 1, but rejected the changes. A conference committee convened and a compromise was reached.

Sen. Matt Huffman, RLima,

said during the Sept. 2 Senate session, the committee made two changes: rather than declaring an emergency, meaning the bill would go into effect immediately following the governor’s signature, the bill goes into effect 90 days after signing. The other change extended the length of the protections, which were originally scheduled to end Dec. 31.

“No substantive changes to who’s covered and the levels of liability or anything like that,” Sen. Matt Huffman, R-Lima, said.

The bill passed largely without support from Democrats in either the House or the Senate. Rep. Jeff Crossman, D-Parma argued during the Sept. 1 House session the bill “does not encourage best practices. It actually lowers the bar and encourages worse practice.”

He called it “anti-worker, anti-employee” and said it makes students, teachers and elderly less safe.

“Negligence law exists for a reason,” Crossman said. “It encourages bad actors to get out of the marketplace and encourages good actors to stay in the marketplace.”

Huffman said he thinks the governor will sign the bill “very quickly.”

Grendell