House rejects expansion of governmental immunity for University of Utah Medical Center

The Utah House declined to adopt Senate Bill 53, which would have clarified that the University of Utah Medical Center and its associated programs and clinics are covered under the state Governmental Immunity Act.

Representative Stevens (S21), the floor sponsor, described the bill as a clarification that restores the statute to its prior form before a 1989 Supreme Court decision (the Condomarine case) removed the cap'related protection in some respects. He said the University serves as a teaching and referral center with unique services, and supporters argued the institution's role and insurance costs provided rationale for restoration of immunity language.

Opponents, including Representative Tubbel and Representative Nelson, argued the proposed language would extend immunity too broadly, potentially denying full remedies to malpractice victims and creating a competitive advantage for the university. Nelson urged narrower language limited to the unique functions the university provides rather than blanket immunity.

Representatives on both sides referenced prior court decisions, the $250,000 statutory cap, and existing administrative remedies (board of examiners and the legislature) for claims over the cap. After debate, the House recorded 27 votes in favor and 46 opposed; the bill failed and will be returned to the Senate.

Next steps: With the failure on the floor, proponents may consider narrower language or other options in future sessions; the University and stakeholders may pursue alternative risk-management or legislative strategies.