Volunteer Physician Immunity Bill on Hold in State House

MPCA

11/12/2009

The House Health Policy Committee heard testimony this week on a bill that would revise the criteria under which a retired physician who provides medical care under a special volunteer license has immunity from liability in a lawsuit.

Under current provisions of the Public Health Code, volunteer physicians providing medical care at a health organization that provides at least 75% of its annual care to low-income people are protected from lawsuit. HB 4829 would revise that provision to extend protection to volunteer physicians providing care at organizations that provide at least 60% of their annual care to low-income people.

“The service of volunteer physicians is essential for Community Health Centers to be able to provide care to the state’s growing number of uninsured and underinsured residents,” said Kim Sibilsky, Michigan Primary Care Association Executive Director. “Passage of HB 4829 would encourage more retired doctors to volunteer their time and skill at Community Health Centers, where uninsured patients and those covered by public health insurance total around 80%.”

Community Health Centers are located in medically underserved areas as determined by the U.S. Department of Health Resources and Services Administration, where health care is needed but scarce.

Also testifying in favor of the bill was Baldwin Family Health Care’s Chief Medical Officer Dr. Gary Kirk.

“MPCA thanks Representative Tom Pearce (R-Rockford) for sponsoring this legislation along with Reps. Rick Jones, Matt Lori, Sharon Tyler, Eileen Kowall, Bill Rogers, David Agema, Richard Ball, Paul Opsommer, John Walsh, Larry DeShazor, Kenneth Horn, Roy Schmidt, and Robert Dean,” said Sibilsky.

Due to concern by some Committee members about the ability of the uninsured to protect themselves in the event of a medical mistake, Chair Marc Corriveau postponed a vote on the bill until compromise legislation is drafted that would allow more physicians to serve and still provide legal recourse for people who have a malpractice complaint.

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