Kentucky Revised Statutes
Ky. Rev. Stat. § 39A.275 (2026)
Repealed, 2023
✓ current as of May 2026
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Legislative research Commission Note (12/31/2023). 2021 Ky. Acts ch. 205, sec. 10, provides that KRS 39A.275 [2021 Ky. Acts ch. 205, sec. 1] is repealed effective December 31, 2023. Any causes of action that are prohibited or time-barred under 2021 Ky. Acts ch. 205 will remain so after its repeal."
Notes of Decisions
Cited in 10
cases (10 in the last 5 years), 2022–2026 · leading case: Hollie Jackson, as Adm'r of the Est. of Emma Hayes, & on Behalf of the Wrongful Death Beneficiaries of Emma Hayes v. Mayfield Ky Opco, LLC D/B/A Mayfield Health & Rehab. (Ky. 2025).
Hollie Jackson, as Adm'r of the Est. of Emma Hayes, & on Behalf of the Wrongful Death Beneficiaries of Emma Hayes v. Mayfield Ky Opco, LLC D/B/A Mayfield Health & Rehab. (Ky. 2025). “Pertinent to our purposes herein, Mayfield contended that “[p]ending discovery, KRS 39A.275 [( the COVID immunity statute)] bars Plaintiff’s Complaint in whole or in part[,]” and that “[p]ending discovery, the PREP[4] Act, 42 U.”
William N. Tipton v. St. Joseph Health Sys., Inc. (Ky. Ct. App. 2022). “Because each of their asserted claims sought to hold the appellees liable for their resulting harm, what the Tiptons asserted against the appellees was, undisputedly, an array of what KRS 39A.275 deems “COVID-19 claims.” See KRS 39A.”
Hollie Jackson, as Adm'r of the Est. of Emma Hayes, & on Behalf of the Wrongful Death Beneficiaries of Emma Hayes v. Mayfield Ky Opco, LLC D/B/A Mayfield Health & Rehab. (Ky. Ct. App. 2024). “Appellant also alleged that Appellees were grossly negligent, and that Appellant was entitled to punitive damages. On February 16, 2023, the Graves Circuit Court granted Appellees’ motion for summary judgment, finding Appellees immune from suit under KRS 39A.”
Collins v. Tyson Foods, Inc. (W.D. Ky. 2023). “Tyson first responds that KRS 39A.275 grants it immunity for Collins’ claims.”
Lp Louisville Herr Lane, LLC D/B/A Signature Healthcare at Jefferson Place Rehab & Wellness Ctr. v. William A. Buckaway, of the Est. of Shirley Wilson (Ky. Ct. App. 2024). “It concluded that the use of a telehealth conference on May 18, 2020, was not a covered countermeasure under provisions of the PREP Act and that Jefferson Place had not met its burden pursuant to KRS 39A.275(1)(a) to show that Shirley’s injuries were caused by or resulted from…”
DeMarcus v. Homesteadidence Opco, LLC (E.D. Ky. 2022). “] Ky. Rev. Stat. Ann. § 39A.275(1)(a). As the Court understands the complaint, DeMarcus asserts that his father died as the result of Homestead's negligent care, not from COVID-19.”
James H. Secrist & Dawn Secrist v. Rush Med. Found. d/b/a Rush Med. Grp., P.A. d/b/a Ocshner Rush, Rush Med (Miss. 2026). “]” KRS 39A.275(1)(a). Immunity is not triggered under the statute unless a causal connection exists between the injury suffered and the action taken by the care provider.”
Rbrc, Inc. D/B/A River's Bend Ret. Cmty. v. David Massamore, as of the Est. of Jean Massamore (Ky. Ct. App. 2024). “” KRS 39A.275(3). Thus, the issue is whether Massamore adequately alleged gross negligence in his complaint.”
Sims v. Inland Marine Serv., Inc. (W.D. Ky. 2022). “In Defendants’ answer, affirmative defenses number 20 states: Defendant is immune from liability pursuant to Title 6, Chapter 5, Article 40 of the Code of Alabama and/or Kentucky Revised Statutes Chapter 39A, including, but not limited to, §39A.275 and/or any other state or…”
Lp Radcliff, LLC D/B/A Signature Healthcare at North Hardin Rehab & Wellness Ctr. v. John Edwards, as Adm'r (Ky. Ct. App. 2026). “” KRS 39A.275(3). The PREP Act provides immunity from suit and liability for all claims for loss (whether state or federal) caused by, arising out of, relating to, or resulting from the administration of countermeasures used to combat the spread of COVID-19.”
— Ky. Rev. Stat. § 39A.275(1)(A) — 1 case
Hollie Jackson, as Adm'r of the Est. of Emma Hayes, & on Behalf of the Wrongful Death Beneficiaries of Emma Hayes v. Mayfield Ky Opco, LLC D/B/A Mayfield Health & Rehab. (Ky. 2025). “Pertinent to our purposes herein, Mayfield contended that “[p]ending discovery, KRS 39A.275 [( the COVID immunity statute)] bars Plaintiff’s Complaint in whole or in part[,]” and that “[p]ending discovery, the PREP[4] Act, 42 U.”
— Ky. Rev. Stat. § 39A.275(1)(a) — 7 cases
Hollie Jackson, as Adm'r of the Est. of Emma Hayes, & on Behalf of the Wrongful Death Beneficiaries of Emma Hayes v. Mayfield Ky Opco, LLC D/B/A Mayfield Health & Rehab. (Ky. 2025). “Pertinent to our purposes herein, Mayfield contended that “[p]ending discovery, KRS 39A.275 [( the COVID immunity statute)] bars Plaintiff’s Complaint in whole or in part[,]” and that “[p]ending discovery, the PREP[4] Act, 42 U.”
Hollie Jackson, as Adm'r of the Est. of Emma Hayes, & on Behalf of the Wrongful Death Beneficiaries of Emma Hayes v. Mayfield Ky Opco, LLC D/B/A Mayfield Health & Rehab. (Ky. Ct. App. 2024). “Appellant also alleged that Appellees were grossly negligent, and that Appellant was entitled to punitive damages. On February 16, 2023, the Graves Circuit Court granted Appellees’ motion for summary judgment, finding Appellees immune from suit under KRS 39A.”
Lp Louisville Herr Lane, LLC D/B/A Signature Healthcare at Jefferson Place Rehab & Wellness Ctr. v. William A. Buckaway, of the Est. of Shirley Wilson (Ky. Ct. App. 2024). “It concluded that the use of a telehealth conference on May 18, 2020, was not a covered countermeasure under provisions of the PREP Act and that Jefferson Place had not met its burden pursuant to KRS 39A.275(1)(a) to show that Shirley’s injuries were caused by or resulted from…”
DeMarcus v. Homesteadidence Opco, LLC (E.D. Ky. 2022). “] Ky. Rev. Stat. Ann. § 39A.275(1)(a). As the Court understands the complaint, DeMarcus asserts that his father died as the result of Homestead's negligent care, not from COVID-19.”
William N. Tipton v. St. Joseph Health Sys., Inc. (Ky. Ct. App. 2022). “Because each of their asserted claims sought to hold the appellees liable for their resulting harm, what the Tiptons asserted against the appellees was, undisputedly, an array of what KRS 39A.275 deems “COVID-19 claims.” See KRS 39A.”
— Ky. Rev. Stat. § 39A.275(1)(c) — 6 cases
Hollie Jackson, as Adm'r of the Est. of Emma Hayes, & on Behalf of the Wrongful Death Beneficiaries of Emma Hayes v. Mayfield Ky Opco, LLC D/B/A Mayfield Health & Rehab. (Ky. 2025). “Pertinent to our purposes herein, Mayfield contended that “[p]ending discovery, KRS 39A.275 [( the COVID immunity statute)] bars Plaintiff’s Complaint in whole or in part[,]” and that “[p]ending discovery, the PREP[4] Act, 42 U.”
DeMarcus v. Homesteadidence Opco, LLC (E.D. Ky. 2022). “] Ky. Rev. Stat. Ann. § 39A.275(1)(a). As the Court understands the complaint, DeMarcus asserts that his father died as the result of Homestead's negligent care, not from COVID-19.”
Hollie Jackson, as Adm'r of the Est. of Emma Hayes, & on Behalf of the Wrongful Death Beneficiaries of Emma Hayes v. Mayfield Ky Opco, LLC D/B/A Mayfield Health & Rehab. (Ky. Ct. App. 2024). “Appellant also alleged that Appellees were grossly negligent, and that Appellant was entitled to punitive damages. On February 16, 2023, the Graves Circuit Court granted Appellees’ motion for summary judgment, finding Appellees immune from suit under KRS 39A.”
Lp Louisville Herr Lane, LLC D/B/A Signature Healthcare at Jefferson Place Rehab & Wellness Ctr. v. William A. Buckaway, of the Est. of Shirley Wilson (Ky. Ct. App. 2024). “It concluded that the use of a telehealth conference on May 18, 2020, was not a covered countermeasure under provisions of the PREP Act and that Jefferson Place had not met its burden pursuant to KRS 39A.275(1)(a) to show that Shirley’s injuries were caused by or resulted from…”
Collins v. Tyson Foods, Inc. (W.D. Ky. 2023). “Tyson first responds that KRS 39A.275 grants it immunity for Collins’ claims.”
— Ky. Rev. Stat. § 39A.275(2) — 1 case
Hollie Jackson, as Adm'r of the Est. of Emma Hayes, & on Behalf of the Wrongful Death Beneficiaries of Emma Hayes v. Mayfield Ky Opco, LLC D/B/A Mayfield Health & Rehab. (Ky. 2025). “Pertinent to our purposes herein, Mayfield contended that “[p]ending discovery, KRS 39A.275 [( the COVID immunity statute)] bars Plaintiff’s Complaint in whole or in part[,]” and that “[p]ending discovery, the PREP[4] Act, 42 U.”
— Ky. Rev. Stat. § 39A.275(3) — 5 cases
Hollie Jackson, as Adm'r of the Est. of Emma Hayes, & on Behalf of the Wrongful Death Beneficiaries of Emma Hayes v. Mayfield Ky Opco, LLC D/B/A Mayfield Health & Rehab. (Ky. Ct. App. 2024). “Appellant also alleged that Appellees were grossly negligent, and that Appellant was entitled to punitive damages. On February 16, 2023, the Graves Circuit Court granted Appellees’ motion for summary judgment, finding Appellees immune from suit under KRS 39A.”
Rbrc, Inc. D/B/A River's Bend Ret. Cmty. v. David Massamore, as of the Est. of Jean Massamore (Ky. Ct. App. 2024). “” KRS 39A.275(3). Thus, the issue is whether Massamore adequately alleged gross negligence in his complaint.”
Lp Louisville Herr Lane, LLC D/B/A Signature Healthcare at Jefferson Place Rehab & Wellness Ctr. v. William A. Buckaway, of the Est. of Shirley Wilson (Ky. Ct. App. 2024). “It concluded that the use of a telehealth conference on May 18, 2020, was not a covered countermeasure under provisions of the PREP Act and that Jefferson Place had not met its burden pursuant to KRS 39A.275(1)(a) to show that Shirley’s injuries were caused by or resulted from…”
Hollie Jackson, as Adm'r of the Est. of Emma Hayes, & on Behalf of the Wrongful Death Beneficiaries of Emma Hayes v. Mayfield Ky Opco, LLC D/B/A Mayfield Health & Rehab. (Ky. 2025). “Pertinent to our purposes herein, Mayfield contended that “[p]ending discovery, KRS 39A.275 [( the COVID immunity statute)] bars Plaintiff’s Complaint in whole or in part[,]” and that “[p]ending discovery, the PREP[4] Act, 42 U.”
Lp Radcliff, LLC D/B/A Signature Healthcare at North Hardin Rehab & Wellness Ctr. v. John Edwards, as Adm'r (Ky. Ct. App. 2026). “” KRS 39A.275(3). The PREP Act provides immunity from suit and liability for all claims for loss (whether state or federal) caused by, arising out of, relating to, or resulting from the administration of countermeasures used to combat the spread of COVID-19.”
— Ky. Rev. Stat. § 39A.275(8)(a) — 6 cases
William N. Tipton v. St. Joseph Health Sys., Inc. (Ky. Ct. App. 2022). “Because each of their asserted claims sought to hold the appellees liable for their resulting harm, what the Tiptons asserted against the appellees was, undisputedly, an array of what KRS 39A.275 deems “COVID-19 claims.” See KRS 39A.”
Hollie Jackson, as Adm'r of the Est. of Emma Hayes, & on Behalf of the Wrongful Death Beneficiaries of Emma Hayes v. Mayfield Ky Opco, LLC D/B/A Mayfield Health & Rehab. (Ky. Ct. App. 2024). “Appellant also alleged that Appellees were grossly negligent, and that Appellant was entitled to punitive damages. On February 16, 2023, the Graves Circuit Court granted Appellees’ motion for summary judgment, finding Appellees immune from suit under KRS 39A.”
Lp Louisville Herr Lane, LLC D/B/A Signature Healthcare at Jefferson Place Rehab & Wellness Ctr. v. William A. Buckaway, of the Est. of Shirley Wilson (Ky. Ct. App. 2024). “It concluded that the use of a telehealth conference on May 18, 2020, was not a covered countermeasure under provisions of the PREP Act and that Jefferson Place had not met its burden pursuant to KRS 39A.275(1)(a) to show that Shirley’s injuries were caused by or resulted from…”
DeMarcus v. Homesteadidence Opco, LLC (E.D. Ky. 2022). “] Ky. Rev. Stat. Ann. § 39A.275(1)(a). As the Court understands the complaint, DeMarcus asserts that his father died as the result of Homestead's negligent care, not from COVID-19.”
Collins v. Tyson Foods, Inc. (W.D. Ky. 2023). “Tyson first responds that KRS 39A.275 grants it immunity for Collins’ claims.”
— Ky. Rev. Stat. § 39A.275(8)(b) — 3 cases
Hollie Jackson, as Adm'r of the Est. of Emma Hayes, & on Behalf of the Wrongful Death Beneficiaries of Emma Hayes v. Mayfield Ky Opco, LLC D/B/A Mayfield Health & Rehab. (Ky. 2025). “Pertinent to our purposes herein, Mayfield contended that “[p]ending discovery, KRS 39A.275 [( the COVID immunity statute)] bars Plaintiff’s Complaint in whole or in part[,]” and that “[p]ending discovery, the PREP[4] Act, 42 U.”
William N. Tipton v. St. Joseph Health Sys., Inc. (Ky. Ct. App. 2022). “Because each of their asserted claims sought to hold the appellees liable for their resulting harm, what the Tiptons asserted against the appellees was, undisputedly, an array of what KRS 39A.275 deems “COVID-19 claims.” See KRS 39A.”
Collins v. Tyson Foods, Inc. (W.D. Ky. 2023). “Tyson first responds that KRS 39A.275 grants it immunity for Collins’ claims.”
— Ky. Rev. Stat. § 39A.275(9) — 1 case
William N. Tipton v. St. Joseph Health Sys., Inc. (Ky. Ct. App. 2022). “Because each of their asserted claims sought to hold the appellees liable for their resulting harm, what the Tiptons asserted against the appellees was, undisputedly, an array of what KRS 39A.275 deems “COVID-19 claims.” See KRS 39A.”
— Ky. Rev. Stat. § 39A.275(9)(a) — 1 case
William N. Tipton v. St. Joseph Health Sys., Inc. (Ky. Ct. App. 2022). “Because each of their asserted claims sought to hold the appellees liable for their resulting harm, what the Tiptons asserted against the appellees was, undisputedly, an array of what KRS 39A.275 deems “COVID-19 claims.” See KRS 39A.”
— Ky. Rev. Stat. § 39A.275(9)(a)(5) — 1 case
Collins v. Tyson Foods, Inc. (W.D. Ky. 2023). “Tyson first responds that KRS 39A.275 grants it immunity for Collins’ claims.”
— Ky. Rev. Stat. § 39A.275(9)(b) — 2 cases
Hollie Jackson, as Adm'r of the Est. of Emma Hayes, & on Behalf of the Wrongful Death Beneficiaries of Emma Hayes v. Mayfield Ky Opco, LLC D/B/A Mayfield Health & Rehab. (Ky. Ct. App. 2024). “Appellant also alleged that Appellees were grossly negligent, and that Appellant was entitled to punitive damages. On February 16, 2023, the Graves Circuit Court granted Appellees’ motion for summary judgment, finding Appellees immune from suit under KRS 39A.”
Hollie Jackson, as Adm'r of the Est. of Emma Hayes, & on Behalf of the Wrongful Death Beneficiaries of Emma Hayes v. Mayfield Ky Opco, LLC D/B/A Mayfield Health & Rehab. (Ky. 2025). “Pertinent to our purposes herein, Mayfield contended that “[p]ending discovery, KRS 39A.275 [( the COVID immunity statute)] bars Plaintiff’s Complaint in whole or in part[,]” and that “[p]ending discovery, the PREP[4] Act, 42 U.”
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