COVID Liability Legislation (SNF/AL)

This week Governor Whitmer signed three bills (House Bills 5244, 6128 and 6215, linked HERE) that amend legislation passed in 2020 offering liability and protections to employers and employees during the COVID-19 pandemic.

HB 5244 amends the statute that prohibits an employer from taking certain actions against an employee who does not report to work under circumstances related to COVID-19, to specify that the act would not apply to a claim/cause of action after July 1, 2022, and repeals the act effective July 1, 2023.

HB 6128 amends the Occupational Safety and Health Act to specify that certain conditions establishing immunity for employers whose employees were exposed to COVID-19 would not apply to an exposure that occurred after July 1, 2022, and repeals this provision effective July 1, 2023.

HB 6215 amends the COVID-19 Response and Reopening Liability Assurance Act, which provides immunity to a person that acts in compliance with federal, state and local orders related to COVID-19. The bill amends the act so that it would not apply to a claim or cause of action after July 1, 2022, and repeals the act effective July 1, 2023.

Public Act 240 of 2020, which offers some liability protection to health care providers from March 29, 2020 through July 13, 2020, remains effective.