Senator Matt Castlen was recently recognized as a “2021 Partner for Commonsense Justice” by local business leaders. The award from the Kentucky Partnership for Commonsense Justice (PCJ) recognizes state legislators “who went above and beyond in Frankfort to protect small businesses, healthcare providers, and schools from frivolous COVID-19 lawsuits.”
Castlen’s recognition from the group stems from his support of Senate Bill 5, for which he was a co-sponsor. The bill provides protections for health care providers, businesses, organizations, schools, and individuals who have reopened and are following recommended guidelines amid the coronavirus pandemic.
“If you look back at 2020 an the hard times COVID caused on our families and especially on our small businesses, this particular bill was to get some safeguards and protect our businesses that stayed open during COVID,” Castlen said.
The legislation received support from a large coalition of groups from the business, medical, education, retail, and many other sectors.
The “2021 Partner for Commonsense Justice” award was presented by the Great Owensboro Chamber of Commerce and members of PCJ. The PCJ “is a coalition of job creators, health care providers, small business owners, and everyday taxpayers concerned about Kentucky’s liability climate.”
Castlen joined a dozen other senators and six representatives in being named a 2021 Partner for Commonsense Justice.
The amended Senate Bill 5 passed on the final day of the 2021 legislative session. Gov. Andy Beshear neither signed nor vetoed the bill, so it went into law April 11.
SB 5 says “essential service providers during the declared emergency of the COVID-19 pandemic shall not be liable for any COVID-19 claim” as long as they attempted to comply with executive actions and did not commit “gross negligence, or wanton, willful, malicious, or intentional misconduct.”
In addition to the businesses identified by Beshear’s executive order, SB5 deems the following as essential service providers: health care providers; Medicaid waiver providers; elementary and secondary schools; child care providers; funeral businesses; local government agencies; and manufacturers producing hygienic items or other personal protective equipment.
“If you look at the risk those people took to provide all of our citizens the essential needs they have — such as groceries, manufacturing, health care — they took a risk at the time, not knowing what the danger and severity of COVID would be,” Castlen said. “This was a simple way to put some safeguards in place for those companies that were adjusting on the fly to regulations that were coming down from health departments and our government.
Kentucky Chamber President and CEO Ashli Watts released a statement on April 11, saying that Kentucky joins the majority of states in passing COVID-19 liability protections.
“This past year has created challenges unlike anything we have seen, but the pandemic has shown us Kentuckians will rise to the challenge to serve and protect one another,” Watts said.
