Vetoed by Governor Gretchen Whitmer

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that extends certain immunities and liabilities to healthcare providers and facilities, among other provisions.

Highlights:

• Exempts the state or political subdivision engaging in disaster relief activity from being liable for the death or injury to an individual or individuals, tort liability, or for damage to property as a result of that activity (Sec. 11).

• Exempts a health care provider or a health care facility whether licensed in this state or another, or by the federal government or branch of the Armed Forces and renders health care services during a state of emergency declared by the governor from liability (Sec. 11).

• Specifies that the aforementioned immunity from liability shall not apply in the event of willful misconduct, gross negligence, or constituting intentional willful or criminal misconduct or intentional infliction of harm in the event of a civil action for malpractice (Sec. 11).

• Specifies that employees of this state or political subdivision are entitled to the powers, duties, rights, privileges, and immunities entitled to the personnel of disaster relief forces and provided by law (Sec. 11).

• Specifies that the following professions shall be immune from the aforementioned liabilities, including (Sec. 11):

• A registered or practical nurse;

• A nursing student acting under the supervision of a licensed nurse;

• A dentist;

• A veterinarian;

• A pharmacist or pharmacist intern acting under the supervision of the licensed nurse; and

• A paramedic.

• Establishes the immunity period for the aforementioned liability exemptions will be a response to the COVID-19 pandemic and apply retroactively to March 10, 2020, through January 1, 2021 (Sec. 11).

• Defines “disaster relief activity” to include training for or responding to an actual, impending, mock, or practice disaster or emergency (Sec. 11).

• Defines “gross negligence” as conduct so reckless it demonstrates a substantial lack of concern for whether an injury results (Sec. 11).

• Defines “health care facility” as an entity or administrator, executives, supervisors, board members, trustees, employees, and volunteers of that entity or organization (Sec. 11).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that extends certain immunities and liabilities to healthcare providers and facilities, among other provisions.

Highlights:

• Exempts the state or political subdivision engaging in disaster relief activity from being liable for the death or injury to an individual or individuals, tort liability, or for damage to property as a result of that activity (Sec. 11).

• Exempts a health care provider or a health care facility whether licensed in this state or another, or by the federal government or branch of the Armed Forces and renders health care services during a state of emergency declared by the governor from liability (Sec. 11).

• Specifies that the aforementioned immunity from liability shall not apply in the event of willful misconduct, gross negligence, or constituting intentional willful or criminal misconduct or intentional infliction of harm in the event of a civil action for malpractice (Sec. 11).

• Specifies that employees of this state or political subdivision are entitled to the powers, duties, rights, privileges, and immunities entitled to the personnel of disaster relief forces and provided by law (Sec. 11).

• Specifies that the following professions shall be immune from the aforementioned liabilities, including (Sec. 11):

• A registered or practical nurse;

• A nursing student acting under the supervision of a licensed nurse;

• A dentist;

• A veterinarian;

• A pharmacist or pharmacist intern acting under the supervision of the licensed nurse; and

• A paramedic.

• Establishes the immunity period for the aforementioned liability exemptions will be a response to the COVID-19 pandemic and apply retroactively to March 10, 2020, through January 1, 2021 (Sec. 11).

• Defines “disaster relief activity” to include training for or responding to an actual, impending, mock, or practice disaster or emergency (Sec. 11).

• Defines “gross negligence” as conduct so reckless it demonstrates a substantial lack of concern for whether an injury results (Sec. 11).

• Defines “health care facility” as an entity or administrator, executives, supervisors, board members, trustees, employees, and volunteers of that entity or organization (Sec. 11).

Full Bill Text