OKLAHOMA CITY – Rep. Justin Humphrey, R-Lane, has filed legislation that would extend the period of time for people to file health care liability claims based on a good faith belief that a federal procedural bar was in place when a cause of action arose.

Supporters of House Bill 3119 say it could remove federal liability shields for claims such as COVID vaccine injuries, among others. They also say this would restore patients' constitutional rights to remedy and protect their right to bodily autonomy.

"This bill allows us to go back and file civil liability claims against anyone that put people at harm whether through negligence, medical malpractice, lack of informed consent or medical battery," Humphrey said. "This isn't just about COVID, but that is a big reason for me filing this bill."

A rally to support the measure is planned from 2 to 5 p.m. Feb. 24 at the State Capitol in the Second Floor Rotunda.

HB3119 specifies that a good faith belief exists when a claimant or attorney could reasonably conclude, based on existing federal declarations, amendments, advisory opinions or judicial interpretations, that the federal liability immunity provisions applied to the alleged conduct.

Federal procedural bar includes federal liability immunity provisions provided in the Public Readiness and Emergency Preparedness (PREP) Act in U.S. statute.

If enacted, the new law would extend the good faith belief that a federal procedural bar was in place when a cause of action for health care liability claims arose to one year after the good faith belief no longer existed.

The bill would apply to all such actions accruing on or after Feb. 1, 2020.

The legislation also would ensure Oklahoma courts retain jurisdiction over claims that, but for temporary legal impediment or reasonable misperception of federal preemption, would have been timely filed.