Article 36: COVID-19 Liability Act · Last amended 2021 · Last verified July 22, 2026
In one sentenceThis section defines COVID-19, federal public health guidance, and person for the Act, tying the liability limit in section 25-3603 to written or oral guidance from the CDC, CMS, or federal OSHA and to a wide range of individuals, businesses, and government bodies.
Full Text of § 25-3602
Text size
For purposes of the COVID-19 Liability Act:
(1) COVID-19 means the novel coronavirus identified as SARS-CoV-2, the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating therefrom, and the health conditions or threats associated with the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating therefrom;
(2) Federal public health guidance means and includes written or oral guidance related to COVID-19 issued by any of the following:
(a) The Centers for Disease Control and Prevention of the United States Department of Health and Human Services;
(b) The Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services; or
(c) The federal Occupational Safety and Health Administration; and
(3)(a) Person means:
(i) Any natural person;
(ii) Any sole proprietorship, partnership, limited liability partnership, corporation, limited liability company, business trust, estate, trust, unincorporated association, or joint venture;
(iii) The State of Nebraska and any political subdivision of the state;
(iv) Any school, college, university, institution of higher education, religious organization, or charitable organization; or
(v) Any other legal or commercial entity.
(b) Person includes an employee, director, governing board, officer, agent, independent contractor, or volunteer of a person listed in subdivision (3)(a) of this section.
Source
Laws 2021, LB139, § 2.
Cross References
Health Care Crisis Protocol Act, see section 71-2701.
Plain-English Summary
Section 25-3602 defines the three terms the rest of the COVID-19 Liability Act depends on. COVID-19 covers the novel coronavirus SARS-CoV-2, the disease it causes, any mutated virus descending from it, and the health conditions or threats associated with that disease. Federal public health guidance means written or oral guidance about COVID-19 issued by the Centers for Disease Control and Prevention, the Centers for Medicare and Medicaid Services, or the federal Occupational Safety and Health Administration.
“Person” is defined broadly. It includes any natural person; any sole proprietorship, partnership, limited liability partnership, corporation, limited liability company, business trust, estate, trust, unincorporated association, or joint venture; the State of Nebraska and its political subdivisions; any school, college, university, institution of higher education, religious organization, or charitable organization; and any other legal or commercial entity. The definition also reaches an employee, director, governing board member, officer, agent, independent contractor, or volunteer of any of those listed persons, which extends the Act’s coverage to the people who act on an organization’s behalf, not just the organization itself.
Frequently Asked Questions
Which federal agencies’ guidance counts as “federal public health guidance” under this section?
Guidance issued by the Centers for Disease Control and Prevention, the Centers for Medicare and Medicaid Services, or the federal Occupational Safety and Health Administration.
Does the definition of COVID-19 include later variants of the virus?
Yes. The definition covers SARS-CoV-2, the disease it causes, and a virus mutating from it, along with the associated health conditions or threats.
Who counts as a “person” able to claim this Act’s protections?
A wide range of individuals and entities, including natural persons, businesses in various forms, the State of Nebraska and its political subdivisions, schools and religious and charitable organizations, and any other legal or commercial entity.
Does the definition of “person” include employees and volunteers, not just organizations?
Yes. It extends to an employee, director, governing board member, officer, agent, independent contractor, or volunteer of any listed person.
Why does the definition of “person” matter for the liability limit in the next section?
Section 25-3603 limits civil actions against a “person,” so this section’s broad definition determines how wide a range of defendants can rely on that limit.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as:federal public health guidance definition Nebraskacovid liability act definitionswho is a person under covid liability actCDC CMS OSHA guidance covid statute