51-16-1. Definitions.

As used in this chapter, the term:

“Claimant” means an individual or an individual’s survivor, including a decedent’s estate, who seeks or has sought recovery of damages in a COVID-19 liability claim; provided, however, that all individuals claiming to have sustained damages of a single individual, are considered a single claimant.#

“COVID-19” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), and any mutation or viral fragments thereof, or any disease or condition caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which were the subject of the public health state of emergency declared by the Governor on March 14, 2020.#

“COVID-19 liability claim” means a cause of action for:#

1. (A)

   Transmission, infection, exposure, or potential exposure of COVID-19 to a claimant:#

   1. (i)

      At any healthcare facility or on the premises of any entity, individual, or healthcare provider, resulting in injury to or death of a claimant; or#

   2. (ii)

      Caused by actions of any healthcare provider or individual resulting in injury to or death of a claimant;#

2. (B)

   Acts or omissions by a healthcare facility or healthcare provider in arranging for or providing healthcare services or medical care to the claimant resulting in injury or death of the claimant for COVID-19 or where the response to COVID-19 reasonably interfered with the arranging for or the providing of healthcare services or medical care at issue to the claimant; or#

3. (C)

   Manufacturing, labeling, donating, or distributing personal protective equipment or sanitizer that is directly related to providing such personal protective equipment or sanitizer to claimant by any entity during a public health state of emergency for COVID-19, which departs from the normal manufacturing, labeling, donating, or distributing personal protective equipment of such entity that proximately results in injury to or death of a claimant.#

“Entity” means any association, institution, corporation, company, trust, limited liability company, partnership, religious or educational organization, political subdivision, county, municipality, other governmental office or governmental body, department, division, bureau, volunteer organization; including trustees, partners, limited partners, managers, officers, directors, employees, contractors, independent contractors, vendors, officials, and agents thereof, as well as any other organization other than a healthcare facility.#

“Healthcare facility” shall have the same meaning as “healthcare facility” as provided for in paragraph (17) of Code Section 31-6-2 and all related parties; as “institution” as provided for in subparagraphs (A) and (C) through (G) of paragraph (4) and paragraph (5) of Code Section 31-7-1 and all related parties; as “end stage renal disease” as provided for in paragraph (6) of Code Section 31-44-1 and all related parties; and shall mean the recipient of a contract as authorized in paragraph (5) of Code Section 37-1-20 and any clinical laboratory certified under the Clinical Laboratory Improvement Amendments in Section 353 of the Public Health Service Act, 42 U.S.C. Section 263a. Such term shall not be construed to include premises.#

“Healthcare provider” means any physician or other person licensed or otherwise authorized in this state to furnish healthcare services, including, but not limited to, any dentist, podiatrist, optometrist, pharmacist, psychologist, clinical social worker, advanced practice registered nurse, registered optician, licensed professional counselor, physical therapist, massage therapist, marriage and family therapist, chiropractor, athletic trainer qualified pursuant to Code Section 43-5-7, occupational therapist, speech-language pathologist, audiologist, dietitian, physician assistant, cardiac technician, emergency medical technician, paramedic, or related parties.#

“Medical care” means any act defined as the practice of medicine under Code Section 43-34-21.#

“Personal protective equipment” means equipment worn to minimize exposure to hazards that cause injuries and illnesses, including, but not limited to, items such as gloves, masks, face shields, safety glasses, shoes, earplugs, muffs, respirators, coveralls, vests, and full body suits.#

“Premises” means, other than a healthcare facility, any property owned, occupied, leased, operated, maintained, or managed by an individual or entity, whether residential, agricultural, commercial, industrial, or other real property located within the State of Georgia.#

“Public health state of emergency” means a state of emergency as a result of a public health emergency as defined in Code Section 38-3-3 and as declared by the Governor and approved by the General Assembly pursuant to Code Section 38-3-51.#

“Related parties” includes persons, business corporations, general partnerships, limited partnerships, limited liability companies, limited liability partnerships, joint ventures, nonprofit corporations, or any other for profit or not for profit organization that owns or controls, is owned or controlled by, or operates under common ownership or control, of a healthcare provider or healthcare facility, or has legal responsibility for the acts or omissions of such healthcare facility or healthcare provider.#

“Sanitizer” means a liquid, gel, or foam generally used to decrease infectious agents such as viruses on the body, objects, or other spaces which receive human contact.#

“State of emergency” shall have the same meaning as set forth in Code Section 38-3-3.#