Tennessee Safe Harbor and Recovery Act Passes House Floor

Tennessee Safe Harbor and Recovery Act Passes House Floor



The Tennessee Safe Harbor and Recovery Act passed the Tennessee House of Representatives. The legislation, sponsored by Representative Michael Curcio (R-Dickson), is an effort heavily supported by the Tennessee Chamber and approximately 30 other business trade associations and will implement common sense safe harbor provisions for Tennessee businesses and other entities. “Today, the House took a huge step toward providing necessary protections for teachers, frontline healthcare workers, and businesses across our state. This is one way to demonstrate we are serious about Tennessee being open for business,” said Representative Curcio.


The Senate passed its version of the legislation last Thursday with overwhelming support. The legislation will now head back to the Senate where the two chambers will attempt to reconcile differences between the slightly different versions of the bill. If no compromise can be reached easily, each speaker will appoint members to serve on a conference committee to attempt to produce a compromise.


Retroactive Dates: The main difference is the effective dates, Senate version is March 5th, 2020 while the House version will be July 1st. The Tennessee Chamber and all other groups STRONGLY support the May 5th date since it will cover the time during the pandemic essential businesses and manufacturers were running. If the final bill does not include the March 5th,2020 date there is a substantial gap for businesses to be subjected to frivolous claims. Attorneys from the Tennessee Chamber believe the provisions would be held constitutional based on the procedural nature of the claim. An analysis is available by clicking here. WE URGE YOU TO CONTACT MEMBERS OF THE HOUSE AND SENATE AND NOTE YOUR SUPPORT FOR THE MARCH 5TH DATE OF COVERAGE. THAT IS VITALLY IMPORTANT TO AVOID FRIVOLOUS LAWSUITS.



House Version Language Includes:

  • Applies to all health emergency claims on or after the bill's effective date of July 1, 2020. 
  • Claimant must file a verified complaint pleading specific facts and a certificate of good faith with a signed written statement from a physician believes good faith basis for maintaining a health emergency claim.
  • Provides a rebuttable presumption that the entity was not grossly negligent if it acted in substantial compliance with applicable guidance but does not require the plaintiff to prove that the entity did not substantially comply with the guidance.
  • Healthcare liability protection applies only to services of treatment "to a patient who has or is suspected of having coronavirus" where care was “negatively affected by a lack of resources caused by the coronavirus.” 

Senate Version Language Includes:

  • Applies to all health emergency claims accruing on or after the first confirmed coronavirus case in Tennessee on March 5, 2020.
  • Claimant must file a verified complaint pleading specific facts or a certificate of good faith.
  • Puts the requirement on the claimant to provide, by clear and convincing evidence, that the entity did not substantially comply in addition to proving gross negligence or willful misconduct.
  • Healthcare liability protection also applies to non-COVID patients that may be adversely affected by the pandemic






Register in advance for this webinar:



As we continue to confront the COVID-19 crisis, the Tennessee Manufacturers Association (TMA) and U.S. Small Business Administration (SBA) are teaming up to make sure that Tennessee manufacturers are aware of SBA resources at their disposal. With countries affected by coronavirus earlier than the U.S. beginning to re-open, global market opportunities are beginning to re-emerge. This has implications for companies that are selling overseas and/or part of a global supply chain. The webinar will highlight the Debt Relief component of the CARES Act and implications for SBA export finance products and other resources available to Tennessee manufacturers. There will be also be time at the end for attendees to ask SBA questions about all these programs.





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Disclaimer: The Tennessee Chamber seeks to provide access to recommendations, regulations, services and expertise to its members. During the COVID-19 pandemic, this mission remains constant. Prior to acting, members should consult their own professional advisors for information and counsel specific to the individual and unique situations faced by organizations, individuals and corporations. The opinions, interpretations and recommendations of the Tennessee Chamber are informational only and should not be relied upon by the recipient as legal or professional advice. The Tennessee Chamber makes no representations as to the accuracy or reliability of the content contained herein. Users of this information accept any and all risks associated with the use of such information and agree that the Tennessee Chamber has no liability to user. 


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