Legislative Analysis
Phone: (517) 373-8080
COVID-19 LIABILITY PROTECTION ACT http://www.house.mi.gov/hfa
House Bill 6492 as introduced Analysis available at
Sponsor: Rep. Graham Filler http://www.legislature.mi.gov
Committee: Government Operations
Complete to 12-7-20
SUMMARY:
House Bill 6492 would create a new act, the COVID-19 Liability Protection Act, to provide
protection from civil and criminal liability for certain individuals and entities providing
services in support of the state’s response to the COVID-19 pandemic. The act would be
repealed 120 days after its date of enactment.
Under the act, both of the following would apply to a COVID-19 responder or health care
facility that provides services in support of the state’s response to the COVID-19 pandemic:
• The responder or facility would not be liable for an injury (including death)
sustained by an individual by reason of those services, unless it was established that
the provision of the services constituted gross negligence.
• The responder or facility would not be subject to criminal prosecution for providing
those services.
COVID-19 responder would mean an individual who is one or more of the following:
• An individual who performs volunteer services for a health care facility.
• An individual who by education, training, or experience substantially meets
requirements for licensure under Article 15 of the Public Health Code and is
allowed under that act to render medical care without a license in a time of
disaster or at the scene of an emergency.
Health care facility would mean an entity that is one or more of the following:
• A hospital.
• A health maintenance organization.
• A freestanding surgical outpatient facility.
• A county medical care facility.
• A nursing home.
• A home for the aged.
• An ambulance operation, aircraft transport operation, nontransport prehospital
life support operation, or medical first response service.
• A facility or agency described above located in a university, college, or other
educational institution.
• A hospice or hospice residence.
• A state-owned surgical center.
• A state-operated outpatient facility.
• A state-operated veterans facility.
• A facility used as surge capacity for a health care facility described above.
House Fiscal Agency Page 1 of 2
 Gross negligence would mean conduct so reckless as to demonstrate a substantial lack
of concern for whether an injury results.
The new act would not eliminate, limit, or reduce any other immunity or defense that may
be available under Michigan law.
FISCAL IMPACT:
House Bill 6492 would have an indeterminate fiscal impact on local court funding
units. The bill would prohibit COVID-19 responders and health care facilities that provide
services in support of the state’s response to the COVID-19 pandemic from being held
liable for injuries, including death, sustained by individuals as a result of the services
provided by responders and facilities. Responders and health care facilities would be held
liable for injuries, including death, sustained by individuals if the provision of services
constituted gross negligence. Provisions of the bill are aimed at limiting the number of
medical malpractice lawsuits likely to be filed. Any fiscal impact would be directly related
to how provisions of the bill affect court caseloads, the complexity of lawsuits, and related
administrative costs.
Legislative Analyst: Rick Yuille
Fiscal Analyst: Robin Risko
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations, and does not constitute an official statement of legislative intent.
House Fiscal Agency HB 6492 as introduced Page 2 of 2