2020 Senate Bill 1185

Adopt a tort liability "Pandemic Health Care Immunity Act"

Introduced in the Senate

Oct. 8, 2020

Introduced by Sen. Curtis VanderWall (R-35)

To establish in law that, “a health care provider or facility that provides health care services in support of this state's response to the COVID-19 pandemic is not liable for an injury, including death, sustained by an individual by reason of those services, regardless of how, under what circumstances, or by what cause those injuries are sustained, unless it is established that the provision of the services constituted willful misconduct, gross negligence, intentional and willful criminal misconduct, or intentional infliction of harm by the health care provider or health care facility”.

Referred to the Committee on Health Policy and Human Services

Nov. 5, 2020

Passed in the Senate 21 to 13 (details)

To establish in law that, “a health care provider or facility that provides health care services in support of this state's response to the COVID-19 pandemic is not liable for an injury, including death, sustained by an individual by reason of those services, regardless of how, under what circumstances, or by what cause those injuries are sustained, unless it is established that the provision of the services constituted willful misconduct, gross negligence, intentional and willful criminal misconduct, or intentional infliction of harm by the health care provider or health care facility.” This would apply only after March 9, 2020 and before July 15, 2020.

Received in the House

Nov. 10, 2020

Referred to the Committee on Judiciary

Dec. 1, 2020

Reported without amendment

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

Dec. 17, 2020

Passed in the House 58 to 45 (details)

To establish that health care provider and facility, including a psychiatric unit or "care and recovery center" that provides health care services in support of this state's response to the COVID-19 pandemic is not liable for an injury, including death, sustained by an individual by reason of those services, regardless of how, under what circumstances, or by what cause those injuries are sustained, unless it is established that the provision of the services constituted willful misconduct, gross negligence, intentional and willful criminal misconduct, or intentional infliction of harm by the health care provider or health care facility.” This would apply retroactively to the period from March 28, 2020 through July 13, 2020, and to the period from October 29, 2020 and before February 14, 2021.

Received in the Senate

Dec. 18, 2020

Passed in the Senate 21 to 16 (details)

Vetoed by Gov. Gretchen Whitmer

Dec. 30, 2020