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Details Scarce As Coronavirus Liability Protections Enter Statehouse Spotlight

Outbreaks during spring 2020 at facilities like Glenburn Home (pictured above) dominated headlines, and health officials warn more could be on the horizon.
Outbreaks during spring 2020 at facilities like Glenburn Home (pictured above) dominated headlines, and health officials warn more could be on the horizon.

A number of prominent business organizations and statehouse leaders have supported COVID-19 liability protections.

The specific businesses included and types of protections Indiana will provide are still being debated internally.

According to the National Conference of State Legislatures, at least 27 states have provided some level of immunity to health care workers, while 14 have included specific immunity for COVID-19.

U.S. Senator Todd Young says he supports federal protections and wished they would’ve ended up in the latest stimulus package from Congress.

“We also didn’t get liability protections which I think we need for our healthcare providers, school corporations, and many of our manufacturing operations and other employers here in the state," he said.

READ MORE: COVID-19 Liability Protections Are A Top Legislative Priority In 2021 Session

Many though are concerned that sweeping protections could limit the legal standing Hoosiers have to seek damages.

Sarah Waddle is the State Direct of AARP Indiana. She specifically mentioned concerns her organization has in extending broad immunity to long-term care facilities.

“I can’t speak specifically to what it looks like across the state, but I would say that if there is one instance of this happening—that’s why we need to make sure that this—that litigation—is an option.”

Some liability protections are included under Indiana Governor Eric Holcomb's exisiting exectuive orders.

A spokeswoman for the governor declined to comment further on progress, only stating "the language is still being worked on."

Zach Cattell, president of the Indiana Health Care Association, wrote in a statement his organization is aware of the current statutes, and supports the current law.

"We support the existing law as it provides basic assurances to health care providers that their reasonable actions to provide patient care in response to the disaster emergency may be protected," he wrote.  "We will also support clarifications to the existing law based on what we have learned through caring for residents and working to mitigate the spread of COVID-19 throughout this pandemic.”

Indiana’s 2021 legislative session begins January 11.

For the latest news and resources about COVID-19, bookmark our Coronavirus In Indiana page  here

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Brock E.W. Turner is a reporter for Indiana Public Media covering COVID-19, politics, and Indiana's urban-rural divide. Brock has been awarded regional Edward R. Murrow Awards each of the past two years. A native Hoosier, Brock is a graduate of DePauw University.