On April 14, the Wisconsin Assembly met in its first ever virtual session to pass legislation on COVID-19. The bill included liability protections for health care workers and a limited liability provision for manufacturers. The Senate is expected to pass the bill, also in virtual session, on Wednesday. With the Assembly passing the bill on a bipartisan basis, it is expected that Gov. Tony Evers will sign the bill into law.

The Assembly’s virtual session featured many members participating remotely via Skype, while the remaining legislators, including leadership, were present in the chamber and practicing social distancing.

As passed by the Assembly, the bill, SB 932/AB 1038, includes provisions to: 

1. Exempt manufacturers, distributors and sellers of emergency medical supplies and equipment that donate or sell their product to be exempt from civil liability. Entities would be exempt from civil liability only if the product were sold or donated at a price that does not exceed the cost of production.
2. Create liability protections for health care professionals acting to address the COVID-19 during the public health emergency. To be immune from liability, actions must be in good faith or be consistent with state or federal guidance related to the public health emergency.

WCJC worked with the Legislature on including protections for healthcare providers and their employees. However, WCJC opposed the unnecessary limitations on the civil liability limitations for manufacturers of PPE and COVID-19 treatment equipment. WCJC also encouraged the Legislature to enact civil liability protections for employers keeping their workers and workplaces safe and for persons rendering aid. Those provisions were not included in the final legislation. (WCJC memo on liability protections in Wisconsin COVID-19 legislation.)

Democrats offered several amendments to the bill, including one that would remove the provision providing immunity for health care providers acting in good faith in response to the public health emergency. That amendment was tabled on a party line vote with no discussion.

After voting on amendments, the bill passed 97-2, with Reps. Jonathan Brostoff (D-Milwaukee) and Marisabel Cabrera (D-Milwaukee) the only no votes.