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Minutes for HB2126 - Committee on Judiciary

Short Title

Providing immunity from civil liability for COVID-19 claims for certain covered facilities, including adult care homes, community mental health centers, crisis intervention centers, community service providers and community developmental disability organizations.

Minutes Content for Tue, Mar 16, 2021

Jason Thompson gave a bill brief on HB2126 stating it provides immunity from civil liability for COVID-19 claims for certain covered facilities, including adult-care homes, community mental health centers, crisis intervention centers, community service providers, and community development disability organizations. (Attachment 9)

There were questions.

Adam Proffitt submitted the fiscal note for HB2126.(Attachment 10)

Proponents, Oral

Rachel Monger spoke in support of HB2126 stating that this does not shield bad actors from accountability. The liability protections in HB2126 apply to providers who are doing their best for their residents. It allows providers to care for their residents without the constant threat of litigation that drains precious resources away from patient care. (Attachment 11)

Mark Maloney spoke in support of HB2126 stating he has defended a nursing home in a liability case. What is offered to other health care facilities should be offered to nursing homes as well. (Attachment 12)

Linda Mowbray spoke in support of HB2126 stating that this is an opportunity to right the wrong when liability protection for long-term care facilities was left out of an earlier bill.  (Attachment 13)

Proponents, Written

There was no Neutral testimony.

Opponents, Oral

Tom Wagstaff spoke in opposition to HB2126 stating that immunity removes accountability. There is a system already in place that accounts for residents and facilities. We do not need this bill. (Attachment 19)

Judy Bellome spoke in opposition to HB2126 stating that long-term care facilities are different from hospitals. These places are their homes. They need to be kept responsible for the people under their care. (Attachment 20)

Margaret Farley spoke in opposition to HB2126 stating that the only reason long-term care facilitates exist is to take care of their residents. They should not be concerned about their status as a business, but more concerned about their residents. (Attachment 21)

Joseph Molina spoke in opposition to HB2126 because of access to justice. This does not give residents their day in court. (Attachment 22)

Discussion

Opponents, Written

  • Camille K. Russell, Office of the Kansas Long-term Care Ombudsman (Attachment 23)

The hearing was closed.