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Alabama Enacts COVID-19 Liability Protections for Businesses and Healthcare Providers

On February 12, 2021, Governor Ivey signed into law legislation that provides civil liability protections to Alabama businesses and healthcare providers related to COVID-19. The legislation provides broad immunity to ensure businesses are able to remain open and provides much-needed protection for healthcare providers on the front lines of fighting COVID-19.

Who Is Protected?

“Covered entities” can claim protection under the new legislation (the “Act”). The Act defines “covered entities” as businesses, healthcare providers, educational entities, churches, governmental entities, cultural institutions as well as the officers, directors, managers and employees of those entities.

What Is Protected?

There are two types of activities covered – health care services or treatment and health emergency claims. For health care providers, the Act applies to acts or omissions where the conduct complained of “resulted from, was negatively affected by, was negatively impacted by a lack of resources caused by, or was done in response” to the COVID-19 pandemic. As written, the Act should cover claims against a healthcare provider that may not directly involve the contraction or exposure of COVID-19.

Additionally, a “Health Emergency Claim” is any claim that arises from or relates to COVID-19, including any mutation of the virus. For a business […]

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