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Ex. DUT-KS-016 Standing duty Primary source read

Senate Bill No. 283 (2021), § 5, extending K.S.A. 60-5504 business immunity for COVID-19 claims to March 31, 2022

AN ACT 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 and certain persons conducting business in this state for COVID-19 claims until March 31, 2022

Kansas Legislature (enrolled Senate Bill No. 283, 2021 Regular Session; L. 2021, ch. 14) · Kansas (State)

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The COVID Project

The record

Jurisdiction
Kansas
Level
State
Authority
L. 2021, ch. 14, §§ 5-6 (S.B. 283) (effective on publication in the Kansas Register, April 1, 2021)
Issued
2021-04-01 Apr. 1, 2021
Effective
2021-04-01
End
March 31, 2022 (the extended immunity) (read as 2022-03-31)
In force
Apr. 1, 2021 to Mar. 31, 2022
Quarters
2021 Q22021 Q3
Limitation types
Workplace rulesStanding dutyOperating condition
Addressees
  • persons conducting business in Kansas and their agents; health care providers (60-5503)
Character
liability shield condition
Collection
Standing duties: Kansas DUT-KS

Operative words

Sec. 5. K.S.A. 2020 Supp. 60-5504... is hereby amended to read as follows: 60-5504. (a)... shall be immune from liability in a civil action for a COVID-19 claim if such person was acting pursuant to and in substantial compliance with public health directives applicable to the activity... (b) The provisions of this section shall expire on March 31, 2022.

Penalty

loss of immunity

What it required

Re-enacted, after the Governor's executive orders had been revoked by SB 40 (March 31, 2021) and days before the emergency itself ended (June 15, 2021), the conditional business immunity through March 31, 2022, and with it the Legislature's judgment that 'substantial compliance with public health directives' remained the standard of care for every Kansas business through 2021 Q3 and beyond; § 6 applies it retroactively to causes of action accruing 'on or after March 12, 2020, and prior to March 31, 2022.'

Retrieval note

SB 14 (KS-039, January 25, 2021) had extended the immunity from January 26 to March 31, 2021 (L. 2021, ch. 1, § 10).

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.