Bill Text: MI HB5765 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Civil rights; disabilities discrimination; equal access to medical treatment for individuals with disabilities; clarify. Amends sec. 302 of 1976 PA 220 (MCL 37.1302).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-05-06 - Bill Electronically Reproduced 05/06/2020 [HB5765 Detail]
Download: Michigan-2019-HB5765-Introduced.html
HOUSE BILL NO. 5765
May 05, 2020, Introduced by Rep. Warren and
referred to the Committee on Health Policy.
A bill to amend 1976 PA 220, entitled
"Persons with disabilities civil rights act,"
by amending section 302 (MCL 37.1302), as amended by 1998 PA 20.
the people of the state of michigan enact:
Sec. 302. (1) Except where permitted by law, a person shall
not do any of the following:
(a) Deny an individual the
full and equal enjoyment of the goods, services, facilities, privileges,
advantages, and accommodations of a place of public accommodation or public
service because of a disability that is unrelated to the individual's ability
to utilize and benefit from the goods, services, facilities, privileges,
advantages, or accommodations or because of the use by an individual of
adaptive devices or aids.
(b) Print, circulate,
post, mail, or otherwise cause to be published a statement, advertisement, or
sign which indicates that the full and equal enjoyment of the goods, services,
facilities, privileges, advantages, and accommodations of a place of public
accommodation or public service will be refused, withheld from, or denied an
individual because of a disability that is unrelated to the individual's
ability to utilize and benefit from the goods, services, facilities,
privileges, advantages, or accommodations or because of the use by an
individual of adaptive devices or aids, or that an individual's patronage of or
presence at a place of public accommodation is objectionable, unwelcome,
unacceptable, or undesirable because of a disability that is unrelated to the
individual's ability to utilize and benefit from the goods, services,
facilities, privileges, advantages, or accommodations or because of the use by
an individual of adaptive devices or aids.
(2) The duties described in subsection (1) remain in effect at all times, including during a public health emergency, and under no circumstances may a person subject to this article deny an individual medical treatment on the basis of stereotypes, assessments of quality of life, or judgments about the individual's relative "worth" based on the presence or absence of any disability. Decisions by a person subject to this article concerning whether an individual is a candidate for medical treatment must be based on an individualized assessment of the individual based on the best available objective medical evidence.
Enacting section 1. This amendatory act is intended to clarify the scope of article 3 of the persons with disabilities civil rights act, 1976 PA 220, MCL 37.1301 to 37.1303, during times of public health emergencies and to ensure that in times of public health emergencies the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a health facility described in section 301 of the persons with disabilities civil rights act, 1976 PA 220, MCL 37.1301, are not denied to an individual because he or she is disabled.
