§ 17:3392 — Immunity from claims or causes of action related to the COVID-19 public health

§3392. Immunity from claims or causes of action related to the COVID-19 public health
emergency
A. Notwithstanding any other provision of law to the contrary, public and nonpublic
postsecondary education systems, public and nonpublic postsecondary education institutions,
and public and nonpublic postsecondary education management boards, and the officers,
employees, and agents thereof shall not be held liable for any civil damages for injury or
death resulting from or related to actual or alleged exposure to COVID-19 or acts undertaken
in the effort to respond or adapt to the COVID-19 public health emergency.
B. There shall be no cause of action related to a person contracting COVID-19 at a
public or nonpublic postsecondary education institution, other public or nonpublic
postsecondary education facility, or at a public or nonpublic postsecondary education
institution sponsored event, which is based on the actions or failure to act by the institution's
officers, employees, or agents in response to the COVID-19 public health emergency.
C. This Section shall not affect the right of any person to receive benefits provided
under the Louisiana Workers' Compensation Law.
D. The provisions of this Section shall be limited to claims related to the COVID-19
public health emergency.
E. The public and nonpublic postsecondary education systems, public and nonpublic
postsecondary education institutions, and public and nonpublic postsecondary education
management boards, and the officers, employees, and agents thereof may not avail
themselves of the immunity provided for by this Section if the action or failure to act was in
violation of a policy, rule, or regulation adopted by the public or nonpublic postsecondary
education system, public or nonpublic postsecondary education institution, or public or
nonpublic postsecondary education management board or was in violation of any procedure
mandated by law or by rule or regulation adopted by a federal or state agency in accordance
with the Administrative Procedure Act, and such action or inaction is determined to be
grossly negligent or wanton or reckless misconduct.
NOTE: Acts 2020, 1 st Ex. Sess., No. 9, §4, provides that the Act has
retroactive application to March 11, 2020.

Legislative History

Acts 2020, 1 st Ex. Sess., No. 9, §1.