June 11, 2009, Introduced by Senators ALLEN, PAPPAGEORGE, HARDIMAN, KUIPERS and BIRKHOLZ and referred to the Committee on Judiciary.
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 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
(a) A health facility organized and operated for the sole
purpose of delivering nonemergency health care without receiving
(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
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 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
(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
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.
(c) "Indirectly", with respect to compensation, does not
include the receipt by a licensee or registrant who is employed by
a health facility other than a health facility described in
subsection (2) of wages, salary, or other valuable consideration
from the employing health facility for providing health care as
described in this section, if the employing health facility does
not receive compensation for the provision of the health care.