MOScout Daily Update: First Look at COVID Liability - New COVID Control Efforts - Will Long Run Again? and more...
COVID Liability
Governor Mike Parson formally expanded the special session to include COVID liability protection for health care providers, manufacturers and businesses. See the proclamation here.
· To enact legislation amending Section 44.045, RSMo to provide liability protection for health care providers who provide care as necessitated by a declared state of emergency;
· To add a new section to Chapter 537, RSMo to provide products liability protection for any person who designs, manufactures, labels, sells, distributes, or donates products in direct response to a declared state of emergency;
· To add a new section to Chapter 537, RSMo to provide premises liability protection for exposure claims related to a declared state of emergency;
Language
Here’s some of the early language which has been circulated. It makes maliciousness necessary to sue, not just negligence. And it gives business owners immunity if they’re following health authority guidance.
44.045. 1. [Subject to approval by the state emergency management agency] During an emergency [declared by the governor], any health care provider [licensed, registered, or certified in this state or any state who agrees to be so deployed as provided in this section may be deployed to provide] who provides care as necessitated by the emergency, including care necessitated by mutual aid agreements between political subdivisions and other public and private entities under section
44.090. [During an emergency declared by the governor, health care providers deployed by the governor or any state agency], shall not be liable for any civil damages or administrative sanctions for any failure, in the delivery or nondelivery of health care necessitated by the emergency [during deployment], to exercise the skill and learning of an ordinarily careful health care provider in similar circumstances, but shall be liable for damages [due to willful and wanton], including exemplary damages and damages for aggravating circumstances, when a person has sustained serious injury as a result of malicious misconduct or conduct that intentionally caused damage to the plaintiff for acts or omissions in rendering such care. Evidence of negligence including, but not limited to, indifference to or conscious disregard for the safety of others shall not constitute malicious misconduct or intentional conduct.
Any premises owner that operates in substantial compliance with, or is reasonably consistent with, federal or state law or regulation, executive order, health order of the director of the Missouri department of health and senior services, or rule, regulation, ordinance, or public health guidance issued by a public health authority, which was applicable at the time the conduct or the risk allegedly caused harm, shall not be liable for a claim related to conduct intended to reduce an exposure claim.
Trial Attorney Response
MATA Immediate Past President Brett Emison: Missouri is currently averaging more than 3,700 new COVID cases each day – nearly 26,000 in just the last week. Despite the increases in COVID infections, the Governor has called a special legislative session with the express purpose of protecting businesses and employers who wrongfully and negligently spread the disease to employees and customers. Our lawmakers should enacting policies to protect the public against spreading the virus; not protecting irresponsible businesses from accountability when they fail to follow recommended guidelines… If no one is accountable, no one is safe.
How It Will Go Down
The route for the new legislation is unclear, but it could potentially start in the Senate with the House finishing it up in December – assuming things move without big delays.
New Efforts to Control COVID
· Governor Mike Parson made clear that there’s no metrics at which he would consider a statewide mask mandate, as he sternly implored Missourians to wear a mask, social distance, avoid sustained contact and wash hands.
· Dr. Randall Williams said to keep Thanksgiving celebrations small. See it here.
· KC Mayor Lucas Quentin pushed back against the new guidelines for student quarantining.
· St. Louis readied new restrictions on restaurants, bars and gatherings. See it here.
· Minimal rural hospital capacity continues to be a big problem. The weekly analytics from MHA (see page 7) shows that the northeast Missouri region is in a bad spot. They’ve escaped the bulk of the COVID infections, yet because of fewer hospitals, 60% of ICU beds are taken by COVD patients and only 2% of beds are empty.
Will Long Run Again?
Congressman Billy Long pledged he’d only serve 6 terms. He’s just been elected to this 6th term. That has some southwest Missouri politicians considering a congressional bid in 2022. But will Long abide by that pledge? He seems to be enjoying DC. Watch his pledge here (around the 2 minute mark).
“I’m for term limits. I’m gonna take a pledge of twelve years. I think six terms in the congress and two terms in the senate is enough for anybody…”
Map Recap
Check out Springfield News-Leader’s “Anatomy of a Blowout” for fun Missouri 2020 maps. See it here.
Cleaning Out the In-Box: Winners
· Casey Burns also deserves recognition as one of the most talented political operatives in the state. Coming onto the Koenig campaign with all of the odds stacked against them, she brought home a shocking 10-point win for her candidate that everyone counted out.
· The detailed precinct data has not been released yet, but from what I’ve seen Ann Wagner outpaced Donald Trump by around tens of thousands of votes. I know it is hard for some to admit, but Wagner, Jeff Roe and his team at Axiom Strategies, and the incredible campaign staff of Wagner’s campaign outmaneuvered… Jill Schupp.
Lobbyists Registrations
LaWanda Asuquo added STL Black Woman, and deleted LaWanda V. Asuquo.
Birthdays
Happy birthdays to Melissa Panettiere, James Owen, Steve Hoven, J.C. Kuessner, and Jack Jackson.
Congratulations
To Gary McElyea and wife Alison Ebers on the birth of Emma Joyce McElyea.