Bill > HB3119

This bill extends the time limit for filing certain health care liability claims, which are lawsuits alleging harm due to medical negligence or malpractice, if the person filing the claim (the claimant) or their attorney had a reasonable belief that a federal law prevented them from suing. This "federal procedural bar" could include federal immunity provisions, such as those found in the Public Readiness and Emergency Preparedness (PREP) Act, which was enacted to provide liability protections during public health emergencies. The bill clarifies that a "good faith belief" means a claimant or attorney could reasonably conclude, based on federal declarations, amendments, or court interpretations, that federal immunity applied. The extended filing period would last for one year after this good faith belief is no longer valid, but this extension only applies to claims that arose on or after February 1, 2020, and it will not revive any claims that were already legally barred before this bill becomes law. The bill emphasizes that it should be interpreted broadly to allow Oklahoma courts to hear cases that would have been filed on time if not for a temporary legal obstacle or a reasonable misunderstanding of federal law. An emergency clause means the bill takes effect immediately upon its approval.

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http://www.oklegislature.gov/BillInfo.aspx?Bill=hb3119&Session=2600