April 26, 2005, Introduced by Reps. Vander Veen, Caswell, Taub, Green, Amos, Huizenga, Stahl, Ball, Sheen, Kahn, Pearce, Newell, Emmons and Farhat and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 16277 (MCL 333.16277), as added by 2001 PA 172.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
16277. (1) A Subject to
subsection (3), a licensee or
registrant who provides to a patient nonemergency health care that
the licensee or registrant is licensed or registered under this
article to provide, and who receives no compensation for providing
the nonemergency health care, is not liable in a civil action for
damages for acts or omissions in providing the nonemergency health
care, unless the acts or omissions were the result of gross
negligence or willful and wanton misconduct or were intended to
injure the patient.
(2)
The Subject to subsection
(3), the limitation on
liability
provided under subsection (1) also applies only if the
to the following facilities or entities if nonemergency health care
is provided by a licensee or registrant inside the premises of or
as
a result of a referral from either of the following the
facility or entity:
(a) A health facility organized and operated for the sole
purpose of delivering nonemergency health care without receiving
compensation.
(b) An entity that is not a health facility and that provides
nonemergency health care to uninsured or under-insured individuals
through the voluntary services of licensees or registrants who
receive no compensation for providing the nonemergency health care.
(3)
In addition to the restrictions under subsection (1), the
The
limitation on liability provided in subsection
(1) subsections
(1) and (2) does not apply in regard to the nonemergency health
care of a patient unless, before the licensee or registrant
provides that health care, both of the following occur:
(a) The licensee or registrant provides the patient with a
written disclosure describing the limitation on liability and
stating that the health care is free and compensation for the
health care will not be requested from any source.
(b) The patient signs an acknowledgment of receipt of the
written disclosure.
(4) A health facility, other than a health facility described
in subsection (2), that provides financial, in-kind, or other
support, not including health care services, to a health facility
or other entity described in subsection (2) is not liable in a
civil action for damages based on nonemergency health care provided
by the health facility or entity described in subsection (2).
(5) This section does not affect the liability of a health
facility or entity described in subsection (2) as that liability
existed
before the effective date of this section January 1,
2002.
(6) This section does not apply to a civil action for damages
for acts or omissions if the nonemergency health care is surgery
that customarily requires more than a local anesthetic.
(7) As used in this section:
(a) "Compensation" means receipt of payment or expected
receipt of payment from any source, including, but not limited to,
receipt of payment or expected receipt of payment directly from a
patient, from a patient's parent, guardian, or spouse, or from a
public or private health care payment or benefits plan on behalf of
the patient, or indirectly in the form of wages, salary, or other
valuable consideration under an employment or service agreement.
(b) "Health facility" means a health facility or agency
licensed under article 17.