Hawkeye Reporter

After Iowa lawmakers reconvened following a COVID-19-induced recess, they wasted no time voting in favor of enacting coronavirus liability coverage.

“No one can guarantee that if you go into the grocery store even with a mask on that you won’t get sick and it’s not the grocery store’s fault if you do,” said John Hendrickson, a policy analyst with Tax Education Foundation (TEF) of Iowa. “That’s what the intention was is to ensure that there are not these frivolous lawsuits.”

SF 2338 protects doctors, health care providers and business owners, such as grocery stores, church, restaurants, fitness centers and others from frivolous pandemic lawsuits.

“We thought it would be good protection because we're starting to see, at least nationally, some of these lawsuits take root in regard to the coronavirus,” Hendrickson told the Hawkeye Reporter.

The legislation does, however, require businesses and health care providers to follow state and federal standards and best practices, such as CDC guidelines and the rules outlined in Gov. Kim Reynolds' proclamation.

“It's meant to provide some protection, especially as people return to work and restaurants open,” Hendrickson said

COVID-19 liability protection is not a bad idea, according to John Chamberlain, board chairman for Citizen Health, a national health care cooperative that advocates for subscription-based medical services as well as price transparency.

“I think if a provider shows genuine interest, concern and caring for patients and that can be shown through the medical records, then that's probably okay,” Chamberlain told the Hawkeye Reporter. “I think what it tries to do is give providers a little more freedom and less fear in treating COVID patients.”

Proponents of the new law included Senate President Charles Schneider, House Speaker Pat Grassley and Sen. Zach Whiting (R-Spirit Lake), the bill's floor manager.

“Sen. Whiting made the point that if you're an employer or health care professional, for example, and you did your best to keep your business or property safe by following  public health guidance and best practices, that is fine but if you do something that involves not following the guidelines, then that's a different story,” Hendrickson said.

As of July 10, 33,836 Iowans have tested positive for the coronavirus and 742 have died, according to the Iowa Department of Public Health.

“Iowa has done a very good job so far because we’ve reopened gradually, and the governor has kept a careful watch to ensure that while we reopen, we're also still trying to slow the spread with social distancing," Hendrickson said.