Michigan House Bill HB5485

Michigan 2023-2024 Regular Session

• Introduced: 2/22/24
• Refer: 2/22/24

Caption

Health facilities: certificate of need; 1988 PA 457; amend to reflect amendments to the public health code. Amends sec. 1 of 1988 PA 457 (MCL 29.411). TIE BAR WITH: HB 5477'24

Impact

This legislation is expected to significantly affect the landscape of legal protections for health facilities and higher education institutions within Michigan. By amending definitions and standards of liability, the bill could influence how civil cases against these organizations are processed. Adjustments to the scope of immunity could potentially lead to decreased litigation against educational institutions and health facilities, indirectly shaping the environment in which these organizations operate, promoting a culture of innovation and support.

Summary

House Bill 5485 proposes amendments to the 1988 Public Act 457, which provides certain protections against civil liability for health facilities, agencies, and institutions of higher education in Michigan. The intent of the bill is to update and clarify the definitions relevant to these establishments and to ensure that they are in line with more recent modifications to the public health code. The specific legal definitions proposed in the amendments aim to enhance the protection of these institutions and their employees while providing a clearer framework for accountability.

Contention

Despite its overarching goal of facilitating smoother operations for health and education entities, there may be points of contention regarding the extent of immunity provided. Critics may argue that broad immunity could hinder accountability, allowing for potential neglect or malpractice without proper recourse for affected individuals. The relationship between the proposed amendments and existing protections under the public health code would likely be scrutinized, raising debates about the balance between protecting institutions and the rights of individuals seeking justice.