Senate Bill 899, Extend coronavirus epidemic liability waivers for medical care providers: Passed 25 to 13 in the Senate

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.

Sen. Ed McBroom , R – Vulcan, Yes

Senate Bill 899, First Democratic amendment on extending medical care liability waiver: Failed 16 to 22 in the Senate

To limit the proposed medical care provider liability waiver extensions in Senate Bill 899 to “the assessment or care of an individual with a confirmed case or a suspected case of COVID-19.”

Sen. Ed McBroom, R – Vulcan, No

Senate Bill 899, Second Democratic amendment on extending medical care liability waiver: Failed 16 to 22 in the Senate

To not extend the proposed liability waivers to a hospital or medical care provider that acted “with an intent to harm or discriminate based on race, ethnicity, national origin, religion, disability, sexual orientation, or gender identity.”

Sen. Ed McBroom, R – Vulcan, No

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Source: MichiganVotes.org, a free, non-partisan website created by the Mackinac Center for Public Policy.