60-5506. Adult care facilities; affirmative defense to liability in a civil action for COVID-19 claims.
(a) Notwithstanding any other provision of law, an adult care facility shall have an affirmative defense to liability in a civil action for damages, administrative fines or penalties for a COVID-19 claim if such facility:
(1) (A) Was caused, by the facility's compliance with a statute or rule and regulation, to reaccept a resident who had been removed from the facility for treatment of COVID-19; or
(B) treats a resident who has tested positive for COVID-19 in such facility in compliance with a statute or rule and regulation; and
(2) is acting pursuant to and in substantial compliance with public health directives.
(b) As used in this section, "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 K.S.A. 48-925, and amendments thereto; or
(2) federal statutes or regulations from federal agencies, including the United States centers for disease control and prevention and the occupational safety and health administration of the United States department of labor.
History: L. 2020, ch. 1, § 13 (Special Session); June 9.