Through the passage and signing of House Bill 4520 (“HB 4520”) and House Bill 4521 (“HB 4521”), the Michigan legislature and Governor Gretchen Whitmer recently took steps to increase financial penalties for those committing violence in the health care workplace. These bipartisan laws amend the Michigan Penal Code by doubling fines imposed on persons who harass and/or assault health care professionals and medical volunteers on the job. HB 4520 and HB 4521 go into effect on March 5, 2024.
Background
The enactment of HB 4520 and HB 4521 represents the growing trend of the federal government and state governments protecting health care workers from workplace violence. Health care workers face an increased risk of violence when reporting to work. For instance, in February 2023, the Occupational Safety and Health Administration (“OSHA”) reported in its “Prevention of Workplace Violence in Healthcare and Social Assistance” Issues Document that health care workers face almost a six times greater chance of being injured from workplace-violence-related injuries compared to employees in the overall private sector.
HB 4520 and HB 4521
Prior to the enactment of HB 4520, any individual who was convicted of assault or assault and battery faced a charge of a misdemeanor, punishable by up to 93 days of imprisonment and/or a fine up to $500. However, under this new law, the financial penalty for individuals who assault health care workers or medical volunteers on the job increases up to $1,000. Additionally, HB 4520 doubles the financial penalty for aggravated assault, a misdemeanor, from $1,000 to $2,000.
HB 4521 imposes similar increased financial penalties for those who assault health care workers and medical volunteers with a deadly weapon. HB 4521 doubled this financial penalty from $2,000 to $4,000. Under HB 4521, an individual who assaults a health care worker or volunteer during their job faces jail time of up to four years and a fine of up to $4,000.
HB 4520 and HB 4521 do not protect a health care worker or on-the-job volunteer from assault committed by a patient receiving treatment or care from such health care worker or volunteer.
Practical Takeaways
Health systems and hospitals are required under HB 4520 and HB 4521 to post signs in a prominent and visible location that state that a person, other than the patient receiving treatment, who assaults a health worker or medical volunteer is subject to enhanced fines, and a patient receiving treatment is still subject to prosecution. In preparing for HB 4520 and HB 4521 compliance, health systems and hospitals should adhere to this posting requirement and review their policies and procedures related to providing a safe environment for their staff and patients.
If you have any questions, please contact:
- Jennifer Davis at jdavis@hallrender.com or (248) 457-7827;
- Kathryn Jones at kejones@hallrender.com or (248) 457-7846; or
- Your primary Hall Render contact.
Hall Render blog posts and articles are intended for informational purposes only. For ethical reasons, Hall Render attorneys cannot—outside of an attorney-client relationship—answer specific questions that would be legal advice.
