New State Laws For Assaulting Health Care Workers

On March 5, 2024, changes to the Michigan Penal Code take effect, which increase the penalties for crimes committed by any person against a “health professional” or “medical volunteer” while providing care to a patient. Health facilities must be aware of this new law, as there are obligations placed on them to post notice of the enhanced penalties under the new laws.

Under the new laws, MCL 750.81 amended and MCL 750.82 amended, any person who commits assault or assault and battery, if convicted, would be subject to a term of imprisonment for up to 93 days and/or fines of up to $1,000. If an assault results in “great bodily harm”, the fines increase to a maximum of $2,000 and/or a term of imprisonment for not more than a year. An assault with a deadly weapon subjects the person to fines up to $4,000, as well as terms of imprisonment for not more than four years. These enhanced fines are not applicable to assaults committed by a patient receiving treatment from the victim.

Given the high incidence of assault on healthcare professionals, the new laws aim to create additional protection of the state’s medical professionals, including volunteers, while providing direct and indirect patient care services to their patients.

Provider notice obligations.

While the new laws extend protection to workers at health facilities and agencies, hospitals, psychiatric hospitals and health care providers’ offices, it also places an obligation on health care facilities and hospitals to provide notice of the enhanced penalties. Under the laws, a sign must be posted in a prominent and visible location at each health facility or agency, hospital or psychiatric hospital. The notice must advise its visitors (other than patients) that they are subject to enhanced fines for any of the above-mentioned crimes on facility personnel. The notice must also advise patients that, while they are not subject to the enhanced penalties, they may still be subject to prosecution for their criminal conduct. To ensure the protection afforded by these new laws, facilities should ensure the notice is posted by March 5, 2024.

If you would like more information about the new laws or assistance preparing the required notice, please reach out to a Miller Johnson Attorney.