SB277 HFA Capito 3-5 #1
Becker 3258
Delegate Capito moves to amend the bill on page five, section three, line fifty-four, by striking the definition of “Impacted care” and inserting in lieu thereof the following:
(10) “Impacted care” means care offered, delayed, postponed, or otherwise adversely affected at a health care facility or from a health care provider that impacted the health care facility or health care provider’s response to, or as a result of, COVID-19 or the COVID-19 emergency: Provided, That this provision does not prohibit claims that may otherwise be brought pursuant to W. Va. Code §55-7B-1, et seq. so long as such claims for loss, damage, physical injury or death are unrelated to COVID-19 or the COVID-19 emergency and the care provided. If the issue of impacted care is raised by a defendant under §55-19-4 of this code, the circuit court shall, upon motion by the defendant, stay the proceedings, including any discovery proceedings, and, as soon as practicable, hold a hearing to determine whether the care offered, delayed, postponed, or otherwise adversely affected at a health care facility or from a health care provider was related to COVID-19 or the COVID-19 emergency. If the circuit court determines that the care offered, delayed, postponed, or otherwise adversely affected at a health care facility or from a health care provider was related to COVID-19 or the COVID-19 emergency and the care provided, then the cause of action shall be dismissed under §55-19-4 of this code.;
On page six, §55-19-4, line four, by inserting the word “from” before “COVID-19 care”, and inserting the word “from” before “impacted care”;
On page seven, after line nine, by inserting a new section, designated section seven, to read as follows:
§55-19-7. Exception.
And, renumbering the remaining sections accordingly.
Rejected