April 23, 2009, Introduced by Reps. Pearce, Rick Jones, Lori, Tyler, Kowall, Rogers, Agema, Ball, Opsommer, Walsh, DeShazor, Horn, Roy Schmidt and Dean and referred to the Committee on Health Policy.


     A bill to amend 1978 PA 368, entitled


"Public health code,"


by amending section 16185 (MCL 333.16185), as added by 2006 PA 25.




     Sec. 16185. (1) Subject to subsection (2), a physician who


provides medical care under a special volunteer license granted


under section 16184 is not liable in a civil action for personal


injury or death proximately caused by the professional negligence


or malpractice of the physician in providing the care if both of


the following apply:


     (a) The care is provided at a health facility or agency that


provides at least 75% 60% of its care annually to medically


indigent individuals.


     (b) The physician does not receive and does not intend to


receive compensation for providing the care.


     (2) Subsection (1) does not apply if the negligent conduct or


malpractice of the physician is gross negligence.


     (3) As used in this section:


     (a) "Gross negligence" means conduct so reckless as to


demonstrate a substantial lack of concern for whether an injury




     (b) "Medically indigent individual" means that term as defined


in section 106 of the social welfare act, 1939 PA 280, MCL 400.106,


with the exception that an individual is a medically indigent


individual under this section if, instead of meeting the conditions


of section 106(1)(b)(iii) of the social welfare act, 1939 PA 280, MCL


400.106, the individual has an annual household income that is


below 150% of the federal poverty guidelines published annually in


the federal register by the United States department of health and


human services under its authority to revise the poverty line under


42 USC 9902.