April 14, 2010, Introduced by Senators JACOBS, HARDIMAN, GEORGE and BIRKHOLZ 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
this section, 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 limitation on liability provided under subsection (1)
applies only if the nonemergency health care is provided inside the
premises of or as a result of a referral from either of the
following:
(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
or that coordinates or otherwise arranges for the provision of
nonemergency
health care to uninsured or under-insured underinsured
individuals through the voluntary services of or through referrals
for 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) (2),
the limitation on liability provided in subsection (1) 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, or health facility or entity
described in subsection (2) 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 licensee, registrant, or health facility or entity described
in subsection (2).
(5) An entity that is not a health facility and that
coordinates or otherwise arranges for the provision of nonemergency
health care to uninsured or underinsured individuals through the
voluntary services of or through referrals for the voluntary
services of licensees or registrants who receive no compensation
for providing the nonemergency health care is not liable in a civil
action for damages based on nonemergency health care provided by
the licensee, registrant, or health facility or entity described in
subsection (2).
(6) (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.
(7) (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.
(8) (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.