TBA Law Blog


Posted by: Stacey Shrader Joslin on Aug 13, 2020

The final version of the COVID-19 liability bill approved by the state Senate and House this week extends liability protection to health care providers, businesses, schools and non-profits retroactive to Aug. 3 — the date Gov. Bill Lee called the special session. An earlier version of the bill supported by the Senate would have made protections retroactive to early March when the pandemic broke out. House members opposed that provision during the regular session, arguing it was unconstitutional. Some lawmakers continued to oppose the Aug. 3 date, arguing that the state constitution prohibits any “retrospective law, or law impairing the obligations of contracts. ...” Republican Sen. Mike Bell, chair of the Senate Judiciary Committee, argued that the courts would side with the legislature since the proposal is in the public’s interest. The Herald Courier has this story from the Associated Press. Another priority for the special session was easily approved this week. Nearly every lawmaker supported a bill to establish a framework for telehealth services, the Nashville Post reports.