IMMUNITY: UNCOMPENSATED CARE - S.B. 55 (S-4): FLOOR ANALYSIS

Senate Bill 55 (Substitute S-4 as reported by the Committee of the Whole)

Sponsor: Senator Walter H. North

Committee: Health Policy


CONTENT


The bill would amend the Public Health Code to provide that a health facility or agency, or a health professional licensee or registrant, who provided nonemergency health care to a patient without receiving compensation for providing the care would have immunity from liability in a civil action for damages for acts or omissions in providing the care, unless the acts or omissions were the result of gross negligence or willful and wanton misconduct or were intended to injure the patient.


For a licensed or registered health professional, the limitation on liability provided by the bill would apply only if the nonemergency health care was provided in a health facility or the office of an entity organized for the sole purpose of delivering nonemergency health care without receiving compensation.


Under the bill, "compensation" would mean receipt of payment or expected receipt of payment directly from a patient or from a public or private health care payment or benefits plan on behalf of the patient for the nonemergency health care provided.


Proposed MCL 333.16277 & 333.20190 - Legislative Analyst: G. Towne


FISCAL IMPACT


The bill would have no fiscal impact on State or local government.


Date Completed: 10-20-99 - Fiscal Analyst: M. TyszkiewiczFloor\sb55 - Bill Analysis @ http://www.state.mi.us/sfa

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.