Bill Text: MI HB6159 | 2019-2020 | 100th Legislature | Chaptered
Bill Title: Torts: liability; pandemic health care immunity act; create. Creates new act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2020-10-28 - Assigned Pa 240'20 With Immediate Effect [HB6159 Detail]
Download: Michigan-2019-HB6159-Chaptered.html
Act No. 240
Public Acts of 2020
Approved by the Governor
October 22, 2020
Filed with the Secretary of State
October 22, 2020
EFFECTIVE DATE: October 22, 2020
State of michigan
100th Legislature
Regular session of 2020
Introduced by Rep. Hauck
ENROLLED HOUSE BILL No. 6159
AN ACT to provide immunity for health care providers and health care facilities in the event of a pandemic; and to clarify the time frame for the immunity.
The People of the State of Michigan enact:
Sec. 1. This act shall be known and may be cited as the “pandemic health care immunity act”.
(a) “Gross negligence” means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.
(b) “Health care facility” means an entity that is 1 or more of the following:
(i) A health facility or agency as defined in section 20106 of the public health code, 1978 PA 368, MCL 333.20106.
(ii) A state-owned surgical center.
(iii) A state-operated outpatient facility.
(iv) A state-operated veterans facility.
(v) A facility used as surge capacity for any of the health care facilities described in this subdivision.
(c) “Health care provider” means an individual that is 1 or more of the following:
(i) An individual licensed under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(ii) An individual permitted to engage in the practice of a health profession under section 16171(c) of the public health code, 1978 PA 368, MCL 333.16171.
(iii) Emergency medical services personnel as defined in section 20904 of the public health code, 1978 PA 368, MCL 333.20904.
(iv) A student, volunteer, or any other licensed health care professional at a health care facility.
(d) “Health care services” means services provided to an individual by a health care facility or health care provider regardless of the location where those services are provided, including the provision of health care services via telehealth or other remote method.
(e) “Willful misconduct” means conduct or a failure to act that was intended to cause harm.
Sec. 5. A health care provider or health care facility that provides health care services in support of this state’s response to the COVID-19 pandemic is not liable for an injury, including death, sustained by an individual by reason of those services, regardless of how, under what circumstances, or by what cause those injuries are sustained, unless it is established that the provision of the services constituted willful misconduct, gross negligence, intentional and willful criminal misconduct, or intentional infliction of harm by the health care provider or health care facility.
Sec. 6. This act does not apply to claims covered by the worker’s disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941.
Sec. 7. The liability protection provided by this act applies retroactively, and applies on or after March 29, 2020 and before July 14, 2020.
This act
is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
