HB-4350, As Passed Senate, June 28, 2011

SUBSTITUTE FOR

HOUSE BILL NO. 4350

     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

House Bill No. 4350 as amended June 23, 2011

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, is exempt from

taxation under section 501(c)(3) of the internal revenue code of

1986, 26 USC 501, and is organized and operated for the sole

purpose of coordinating and providing referrals for nonemergency

health care to uninsured or underinsured individuals through

licensees or registrants who do not receive compensation for

providing the nonemergency health care is not liable in a civil

action for damages that arise from the 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<<, SUBJECT TO SUBDIVISION (B),>>

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

House Bill No. 4350 as amended June 23, 2011

valuable consideration under an employment or service agreement.

<<(b) "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, if all of the following apply:

     (i) The employing health facility does not expect or require the licensee or registrant to provide health care as described in this section as a condition of employment.

     (ii) The employing health facility does not expect or require the licensee or registrant to provide health care as described in this section at a specific health facility described in subsection (2) as a condition of employment.

     (iii) The employing health facility does not receive compensation for the licensee or registrant's provision of health care as described in this section.

(C)(b)>> "Health facility" means a health facility or agency

licensed under article 17.

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