Introduction
Governor Gretchen Whitmer has signed bipartisan bills that were proposed to address significant patterns of violence against Michigan’s health care professionals and medical volunteers. Roughly half of emergency room physicians and about 70% of emergency nurses have been physically assaulted on the job. Perpetrators of the violence are often a patient’s family member or friend who feels their loved one is not receiving, or has not received, appropriate or timely care. Although hospital and emergency room direct care personnel are at the highest risk for verbal and physical abuse, assaults against health care workers are not limited to those facilities. Injuries to doctors, nurses and others in various health care facilities range from bruises to broken bones to death.
Effective March 5, 2024, House Bill 4520 and House Bill 4521 will amend 1931 PA 328 of the Michigan Penal Code. In short, both bills increase fines against perpetrators that assault health care professionals and medical volunteers. Specifically, House Bill 4520 applies to individuals who commit assault without a weapon while House Bill 4521 applies to those who use a weapon. The assault must occur while the health care professional or medical volunteer is carrying out their duties for the enhanced fines to apply. Both amendments also require health care facilities to display signs that describe the increased fines, but the legislation does not include any penalties for a facility’s non-compliance. Finally, the enhanced fines will not apply to perpetrators that were receiving treatment from the victim at the time of the assault. Below is a brief summary further explaining the details of both amendments.
House Bill 4520
House Bill 4520 will amend both MCL section 750.81 and MCL section 750.81a. Currently, under MCL section 750.81, a person who assaults or assaults and batters an individual may be fined up to $500.00. However, after House Bill 4520 takes effect on March 5, 2024, if the victim is a health care worker or medical volunteer, the perpetrator may be fined up to $1,000.
In addition, under MCL section 750.81a, a person who assaults or assaults and batters an individual and inflicts serious injuries may be fined up to $1,000. After House Bill 4520 takes effect, if the victim is a health care provider or medical volunteer, the perpetrator may be fined up to $2,000.
House Bill 4521
House Bill 4521 will amend MCL 750.82. As it stands, under MCL 750.82, a person who assaults a victim with a dangerous weapon may be fined up to $2,000. However, after House Bill 4521 takes effect, perpetrators may be fined up to $4,000 for the assault of a health care professional or medical volunteer.
Employer Responsibility
Both bills require health facilities, agencies, hospitals and psychiatric hospitals to post conspicuous signage within their respective facilities. The signs must state that a person, other than a patient being treated, who assaults a health care professional or medical volunteer is subject to the enhanced fines under the amended statutes in addition to being subject to prosecution. As it stands, the legislature has not drafted language that would penalize facilities for failing to post said signage. However, facilities should err on the side of caution and post the mandated signs to remain compliant with state of Michigan laws.
For more information about this new law change or any other matter related to health law, please contact Jeffrey Segal, De’Andre Robbins or another member of Warner’s Health Care Industry Group.
