Introduced
by
To extend until Sept. 30, 2020 a medical malpractice liability exemption granted to health care professionals and facilities by the 1976 state “Emergency Management Act.” The law the bill would amend now limits the governor's exercise of extraordinary emergency powers - and the liability exemptions the bill would extend - to 28 days unless the legislature approves an extension, which it has declined to do.<br> This means that Gov. Whitmer's epidemic related executive orders now rest their authority primarily on a 1945 “Emergency Powers of Governor Act,” which does not place limits on how long a governor may retain such powers, and also does not grant liability protections to doctors and hospitals during an epidemic..
Referred to the Committee on Government Operations
Amendment offered
by
To limit the proposed medical care provider liability waiver extensions in the bill to "the assessment or care of an individual with a confirmed case or a suspected case of COVID-19".
The amendment failed 16 to 22 (details)
Amendment offered
by
To order that the proposed liability waivers would not apply if a hospital or doctor acted "with an intent to harm or discriminate based on race, ethnicity, national origin, religion, disability, sexual orientation, or gender identity".
The amendment failed 16 to 22 (details)
Passed in the Senate 24 to 14 (details)
To extend through the end of the coronavirus state of emergency a medical malpractice liability exemption granted to health care professionals and facilities by the 1976 state “Emergency Management Act.” The law the bill would amend now limits the governor's exercise of extraordinary emergency powers - and the liability exemptions the bill would extend - to 28 days unless the legislature approves an extension, which it has declined to do.<br> This means that Gov. Whitmer's epidemic related executive orders now rest their authority primarily on a 1945 “Emergency Powers of Governor Act,” which does not place limits on how long a governor may retain such powers, and also does not grant liability protections to doctors and hospitals during an epidemic.
Motion to reconsider
by
The vote by which the bill was passed. In a second vote three Democrats crossed from opposing the bill to supporting it.
The motion passed by voice vote
Received
Passed in the Senate 25 to 13 (details)
To extend through the end of the coronavirus state of emergency a medical malpractice liability exemption granted to health care professionals and facilities by the 1976 state “Emergency Management Act.” This law limits the governor's exercise of extraordinary emergency powers - and the liability exemptions the bill would extend - to 28 days unless the legislature approves an extension, which it has declined to do.<br> This likely means that Gov. Whitmer's epidemic related executive orders now rest their authority primarily on a 1945 “Emergency Powers of Governor Act,” which does not place limits on how long a governor may retain such powers, and also does not grant liability protections to doctors and hospitals during an epidemic.
Referred to the Committee on Judiciary
Reported without amendment
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
Amendment offered
by
To revise a reference that specifies which licensed emergency medical services personnel are covered by the bill.
The amendment passed by voice vote
Passed in the House 56 to 51 (details)
To extend through the end of the coronavirus state of emergency a medical malpractice liability exemption granted to health care professionals and facilities by the 1976 state “Emergency Management Act.” This law limits the governor's exercise of extraordinary emergency powers - and the liability exemptions the bill would extend - to 28 days unless the legislature approves an extension, which it has declined to do.<br> This likely means that Gov. Whitmer's epidemic related executive orders now rest their authority primarily on a 1945 “Emergency Powers of Governor Act,” which does not place limits on how long a governor may retain such powers, and also does not grant liability protections to doctors and hospitals during an epidemic.
Passed in the Senate 24 to 13 (details)
