§ 60-5501 Title of act
§ 60-5502 Definitions
§ 60-5503 Healthcare provider immunity; COVID-19 public health emergency; exclusions
§ 60-5505 Immunity related to qualified products; product liability claims; conditions
§ 60-5506 Covered facilities; affirmative defense to liability in a civil action for COVID-19 claims
§ 60-5507 Effect of act; limitations
§ 60-5508 Retroactivity

Terms Used In Kansas Statutes > Chapter 60 > Article 55 - Covid-19 Response and Reopening for Business Liability Protection Act

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • covered facility: includes a center approved by the centers for medicare and medicaid services as a program for all-inclusive case for the elderly (PACE) under 42 C. See Kansas Statutes 60-5502
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Disinfecting or cleaning supplies: includes , but is not limited to, hand sanitizers, disinfectants, sprays and wipes. See Kansas Statutes 60-5502
  • Healthcare provider: means a person or entity that is licensed, registered, certified or otherwise authorized by the state of Kansas to provide healthcare services in this state, including a hospice certified to participate in the medicare program under 42 C. See Kansas Statutes 60-5502
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, for-profit or not-for-profit business entity, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or political subdivision, agency or instrumentality or any other legal or commercial entity. See Kansas Statutes 60-5502
  • Personal protective equipment: means coveralls, face shields, gloves, gowns, masks, respirators or other equipment designed to protect the wearer from the spread of infection or illness. See Kansas Statutes 60-5502
  • Product liability claim: means any strict liability, ordinary negligence or implied warranty claim or action brought for harm caused by the manufacture, production, making, construction, fabrication, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, storage or labeling of the relevant product. See Kansas Statutes 60-5502
  • Public health directives: means any of the following that is required by law to be followed related to public health and COVID-19:

    (1) State statutes, rules and regulations or executive orders issued by the governor pursuant to Kan. See Kansas Statutes 60-5502

  • Qualified product: means : (1) Personal protective equipment used to protect the wearer from COVID-19 or the spread of COVID-19; (2) medical devices, equipment and supplies used to treat COVID-19, including products that are used or modified for an unapproved use to treat COVID-19 or prevent the spread of COVID-19; (3) medical devices, equipment or supplies utilized outside of the product's normal use to treat COVID-19 or to prevent the spread of COVID-19; (4) medications used to treat COVID-19, including medications prescribed or dispensed for offlabel use to attempt to combat COVID-19; (5) tests used to diagnose or determine immunity to COVID-19; (6) disinfecting or cleaning supplies; (7) clinical laboratory services certified under the federal clinical laboratory improvement amendments in section 353 of the public health service act, 42 U. See Kansas Statutes 60-5502
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201