Ohio Lawmakers Pass Covid-19 Business Liability Shield Bill

The Ohio Senate on Wednesday passed a bill that would bar Ohio workers, customers, and health-care patients from suing hospitals and other businesses for spreading Covid-19.

The vote on the liability shield bill (H.B. 606) was 22 to 8. The measure now heads to Gov. Mike DeWine’s (R) desk where he’s expected to sign it quickly.

The bill gives state-law immunity to all people and businesses against civil suits “for injury, death, or loss” related to “the transmission or contraction” of Covid-19. The bill also has broad professional licensing protections for health-care providers caring for Covid-19 patients and patients who contract the disease through the medical system.

It’s not a complete shield: health-care workers could face discipline for “willful or wanton misconduct.” Likewise, businesses would be liable if plaintiffs prove a company’s “heedless indifference” to the pandemic caused their illness. If the measure becomes law, it will sunset Sept. 30, 2021.

Senators didn’t debate the measure Wednesday, but House members tussled Tuesday over whether the interests of businesses or workers come first.

“It all comes down to fear,” said Rep. Rick Carfagna (R), whose family owns a popular Columbus-area Italian restaurant. “You might have that one person who walks in, shows the receipt of when they visited, reveals they were infected with Covid, and accuses you of responsibility.”

Rep. Jeffrey Crossman (D), a Cleveland-area attorney, called the bill “anti-worker.”

“It does not encourage best practices; it actually lowers the bar and discourages best practices,” he said. “Every first-year law student would know this is bad tort law.”