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Legislation watch
2020 House Bill 6159: Medical providers liability waiver for actions early in coronavirus epidemic
Public Act 240 of 2020
Introduced by Rep. Roger Hauck R-Isabella County on September 2, 2020
To give medical care providers immunity from lawsuits seeking damages for their actions and treatments during the first months of the coronavirus epidemic. The bill states:
“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.”
This would apply retroactively for the period after March 9, 2020 and before July 15, 2020. Official Text and Analysis.
“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.”
This would apply retroactively for the period after March 9, 2020 and before July 15, 2020. Official Text and Analysis.
Referred to the House Judiciary Committee on September 2, 2020
Reported in the House on September 16, 2020
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
Received in the Senate on September 24, 2020
Referred to the Senate Health Policy and Human Services Committee on September 24, 2020
Amendment offered by Sen. Michael MacDonald R-Macomb Township on October 13, 2020
To specify that the bill covers medical professionals "at a health care facility".
The amendment passed by voice vote in the Senate on October 13, 2020
Amendment offered by Sen. Curtis Hertel, Jr. D-East Lansing on October 13, 2020
The amendment failed 16 to 21 in the Senate on October 13, 2020.
See Who Voted "Yes" and Who Voted "No".
See Who Voted "Yes" and Who Voted "No".
To give medical care providers immunity from lawsuits seeking damages for their actions and treatments during the first months of the coronavirus epidemic. The bill states:
“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.”
This would apply retroactively for the period after March 29, 2020 and before July 14, 2020.
“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.”
This would apply retroactively for the period after March 29, 2020 and before July 14, 2020.
Received in the House on October 13, 2020
Signed by Gov. Gretchen Whitmer on October 22, 2020