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2020 Senate Bill 899: Coronavirus epidemic response bills: Liability waiver for medical care providers
Introduced by Sen. Michael MacDonald (R) on April 29, 2020
To extend until Sept. 30, 2020 a medical malpractice liability exemption granted to health care professionals and facilities by the 1976 state “Emergency Management Act.” The law the bill would amend now limits the governor's exercise of extraordinary emergency powers - and the liability exemptions the bill would extend - to 28 days unless the legislature approves an extension, which it has declined to do.
This means that Gov. Whitmer's epidemic related executive orders now rest their authority primarily on a 1945 “Emergency Powers of Governor Act,” which does not place limits on how long a governor may retain such powers, and also does not grant liability protections to doctors and hospitals during an epidemic..   Official Text and Analysis.
Referred to the Senate Government Operations Committee on April 29, 2020
Amendment offered by Sen. Jeff Irwin (D) on May 7, 2020
To limit the proposed medical care provider liability waiver extensions in the bill to "the assessment or care of an individual with a confirmed case or a suspected case of COVID-19".
The amendment failed 16 to 22 in the Senate on May 7, 2020.
    See Who Voted "Yes" and Who Voted "No".
Amendment offered by Sen. Jeff Irwin (D) on May 7, 2020
To order that the proposed liability waivers would not apply if a hospital or doctor acted "with an intent to harm or discriminate based on race, ethnicity, national origin, religion, disability, sexual orientation, or gender identity".
The amendment failed 16 to 22 in the Senate on May 7, 2020.
    See Who Voted "Yes" and Who Voted "No".
Passed 24 to 14 in the Senate on May 7, 2020.
    See Who Voted "Yes" and Who Voted "No".
To extend through the end of the coronavirus state of emergency a medical malpractice liability exemption granted to health care professionals and facilities by the 1976 state “Emergency Management Act.” The law the bill would amend now limits the governor's exercise of extraordinary emergency powers - and the liability exemptions the bill would extend - to 28 days unless the legislature approves an extension, which it has declined to do.
This means that Gov. Whitmer's epidemic related executive orders now rest their authority primarily on a 1945 “Emergency Powers of Governor Act,” which does not place limits on how long a governor may retain such powers, and also does not grant liability protections to doctors and hospitals during an epidemic.
Moved to reconsider by Sen. Peter MacGregor (R) on May 7, 2020
The vote by which the bill was passed. In a second vote three Democrats crossed from opposing the bill to supporting it.
The motion passed by voice vote in the Senate on May 7, 2020
Received in the Senate on May 7, 2020
Passed 25 to 13 in the Senate on May 7, 2020.
    See Who Voted "Yes" and Who Voted "No".
To extend through the end of the coronavirus state of emergency a medical malpractice liability exemption granted to health care professionals and facilities by the 1976 state “Emergency Management Act.” This law limits the governor's exercise of extraordinary emergency powers - and the liability exemptions the bill would extend - to 28 days unless the legislature approves an extension, which it has declined to do.
This likely means that Gov. Whitmer's epidemic related executive orders now rest their authority primarily on a 1945 “Emergency Powers of Governor Act,” which does not place limits on how long a governor may retain such powers, and also does not grant liability protections to doctors and hospitals during an epidemic.
Received in the House on May 7, 2020
Referred to the House Judiciary Committee on May 7, 2020

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