Florida capitol in Tallahassee

The Florida State Capitol building. (Credit: traveler1116 / Getty Images)

A bill extending COVID-19 liability protections for long-term care and other healthcare providers is awaiting Gov. Ron DeSantis’ signature after Florida Legislators passed it last week.

SB 7014, COVID-19-related Claims Against Health Care Providers, would extend the COVID-19 limitations of liability for healthcare providers, including assisted living operators, through June 1, 2023. 

The liability protections for COVID-19-related claims against a healthcare provider mainly relate to claims arising from the diagnosis or treatment of a condition in someone with coronavirus, the provision of a novel or experimental treatment, transmission of the virus, and the delay or cancellation of a surgery or medical procedure due to the coronavirus.

The original bill, which the Florida Senior Living Association worked on with lawmakers, required plaintiffs to provide “sufficient detail” that a provider was grossly negligent or engaged in intentional misconduct that caused death or harm. The bill also provides immunity for claims related to supplies or personnel that were not readily available or not available at reasonable cost so that providers could comply with COVID-19 standards.

Operating in ‘good faith’

“We are so grateful to the Florida Legislature for recognizing the importance of continuing to protect senior living communities who were operating in good faith during the pandemic,” FSLA President Gail Matillo said. “We need to get through next summer and see how we fare before removing important protections for health and long-term care providers.”

FSLA Vice President of Public Policy and Legal Affairs Jason Hand said that the estimated financial impact of COVID-19 on assisted living communities through the first quarter of 2021 was $2.3 billion. 

“In 2022, COVID-19 continues to create strain on Florida’s long-term care facilities dealing with a workforce crisis, historically low occupancy, increasing operations costs and ever-increasing liability insurance costs,” Hand said. “ALFs operating in good faith and following current federal and state guidance don’t also need the cost and destruction of frivolous lawsuits.” The FSLA is an Argentum state partner.

Florida Health Care Association CEO Emmett Reed said COVID-19 continues to “wreak havoc” on communities and caregivers as “pandemic burnout has worsened an already challenged workforce.”

“The protections provided by SB 7014 are critical for our state’s nursing centers and assisted living facilities, ensuring that our long-term care workers can remain safe from sue-and-settle lawsuit tactics while continuing to serve in a challenging pandemic environment,” he said.  The FHCA is the state affiliate of the American Healthcare Association / National Center for Assisted Living. “These liability protection reinforce support from our legislature and ensure Florida’s long-term care centers have the resources needed to continue providing high-quality care to Florida’s most vulnerable population,” Reed added.

Florida Assisted Living Association CEO Veronica Catoe said the legislation supports providers during a critical time.

“Providers are navigating consistent change and still deliver exceptional care and services to their residents each day,” Catoe told McKnight’s Senior Living. “We look forward to Gov. DeSantis signing SB 7014 into law so these protections can remain in place and guarantee healthcare providers receive the same level of support as other businesses that are also protected.”

As McKnight’s Senior Living previously reported, current law shielding Florida businesses and healthcare providers from COVID-19-related lawsuits was passed in early 2021. Although general businesses were provided indefinite immunity liability protections, healthcare provider protections in the Sunshine State are scheduled to sunset in March.

Citing data from Cognicion — a Richmond, VA-based digital legal support firm — an FHCA spokeswoman told McKnight’s Senior Living that after pandemic protections were passed last year, there have been approximately five assisted living claims and 15 nursing home claims in the state since 2021. 

The bill will become law immediately upon DeSantis’ signature.

State COVID-19 liability protections

According to LeadingAge, Arizona, Indiana, Montana, Nebraska, South Carolina, South Dakota and Texas provide liability protections for healthcare providers and healthcare facilities during the declared COVID-19 public health emergency. Missouri also passed liability protections for senior living and other long-term care and healthcare providers last year.  

California clarifies that a licensee is liable for up to $500 per violation when a current or former long-term care facility resident brings a civil action for violating the Patient’s Bill of Rights or any other federal or state rights.

The National Consumer Voice for Quality Long-Term Care also tracks state immunity laws and executive orders relating to long-term care. Several states that provided liability protections to long-term care, including assisted living communities, let those protections lapse during 2021, including Alabama, Arkansas, Connecticut, Nebraska, Ohio, Rhode Island and Vermont. Other protections are set to expire this year, including in Florida, Georgia, Idaho, South Dakota and Tennessee.