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Minutes for HB2652 - Committee on Judiciary

Short Title

Continuing the governmental response to the COVID-19 pandemic in Kansas by extending the expanded use of telemedicine, the authority of the board of healing arts to grant certain temporary emergency licenses, the suspension of certain requirements related to medical care facilities and immunity from civil liability for certain healthcare providers, certain persons conducting business in this state and covered facilities for COVID-19 claims until January 20, 2023.

Minutes Content for Mon, Feb 14, 2022

 

Chairperson Patton opened the hearing on HB2652 . Natalie Scott provided an overview of the bill. She stood for questions. (Attachment 1)

Proponent

Eric Stafford explained the liability protection language passed into law was carefully drafted to protect businesses from no-injury COVID-related litigation, while still allowing for businesses to be held responsible when acting maliciously, failing to guard or warn against risk. We appreciate the previous actions by the Legislature and ask for one more extension. In closing, they respectfully asked for passage of HB2652. Mr. Stafford stood to answer questions. (Attachment 2)

Linda MowBray stated HB2652 is a needed piece of legislation and among many other things, it extends immunity from civil liability. Health care providers need this type of protection. The protections are narrowed to only those health care activities related to the COVID-19 emergencies. The protections do not apply to acts, omissions or decisions that result in gross negligence or willful and reckless conduct. Ms. MowBray continued saying the pandemic’s not over. It’s easing in some areas but let’s let the health care providers concentrate on providing care in an extremely difficult environment not fending off COVID-19 related civil actions. She asked the membership to please support HB2652. Ms. MowBray stood for questions. (Attachment 3)

Audrey Dunkel explained The Kansas Hospital Association, on behalf of our 122 community hospital members, as well as Kansas Medical Society and Kansas Academy of Family Physicians, appreciate very much the opportunity to provide comments supporting HB2652. These challenges of the past couple of years have made it clear to Kansas hospitals and physicians the provisions of the current law need to be extended. They believe that the extension is critical to their Kansas hospitals’ and physicians’ ability to respond to patient needs. Ms. Dunkel stood for questions. (Attachment 4)

Written Proponent

  Rachel Monger, Chief Advocacy Officer, Leading Age of Kansas (Attachment 5)

  Haely Ordoyne, Chairwoman, Kansas Adult Care (Attachment 6)

  John Jenks, Director of Public Policy, Greater Kansas City Chamber of Commerce (Attachment 7)

  Matt Fletcher, Executive Director, Interhab (Attachment 8)

Opponent

Nick Reinecker stated the response to Sars-Cov-2 has brought several societal issues to the front of politics. In his opinion, he does not support the legislation as stated in this bill. Mr. Reinecker stood for questions. (Attachment 9)

Chairperson Patton closed the hearing on HB2652.