IMMUNITY FOR UNCOMPENSATED CARE H.B. 4350 (H-1): FLOOR SUMMARY
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House Bill 4350 (Substitute H-1 as reported by the Committee of the Whole)
Sponsor: Representative Gail Haines
House Committee: Health Policy
Senate Committee: Health Policy

CONTENT
The bill would amend the Public Health Code to provide that a nonprofit, tax-exempt entity that was not a health facility, and that was organized and operated for the sole purpose of coordinating and providing referrals for nonemergency health care to the uninsured and underinsured through licensees or registrants who did not receive compensation, would not be liable in a civil action for damages arising from that care.


Under the Code, a licensee or registrant who provides to a patient nonemergency health care, and who receives no compensation for providing the care, is not liable in a civil action for damages for acts or omissions in providing the care (unless they were the result of gross negligence or willful and wanton misconduct, or were intended to injure the patient). The limitation on liability 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 health facility organized and operated for the sole purpose of delivering nonemergency health care without receiving compensation.
-- An entity that is not a health facility and that provides nonemergency health care to uninsured or underinsured individuals through the voluntary services of licensees or registrants who receive no compensation for providing the care.


The bill would include in this provision an entity that is not a health facility and that coordinates or otherwise arranges for the provision of nonemergency health care to the uninsured or underinsured through referrals for the voluntary services of an uncompensated licensee or registrant.


MCL 333.16277 Legislative Analyst: Julie Cassidy

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


Date Completed: 6-23-11 Fiscal Analyst: Steve Angelotti

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. hb4350/1112