HOUSE BILL No. 4829

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.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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

 

results.

 

     (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.