the people of the state of michigan enact:

Sec. 20205. (1) By December 31, 2020, a health facility or agency that provides emergency care shall develop a policy that guides decision-making for medical care in cases where demand for critical medical resources exceeds availability during a declared state of emergency under 1945 PA 302, MCL 10.31 to 10.33, or a declared state of disaster or emergency under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421, related to public health.

(2) The policy required under subsection (1) must enable clinical decision-making based on the best available objective medical evidence, including an individualized assessment of how each patient or resident will respond to treatment, and must do all of the following:

(a) Prohibit medical decision-making based on social stigma or stereotypes regarding age, color, criminal history, disability, ethnicity, familial status, gender identity, height, homelessness, immigration status, incarceration status, marital status, mental illness, national origin, poverty, race, religion, sex, sexual orientation, socioeconomic status, substance use disorder, use of government resources, veteran status, or weight.

(b) Provide for coordinating and sharing information with the department of health and human services regarding resource availability and transfer availability.

(c) Ensure that withholding or delaying care due to lack of critical resources is always a last resort.

(3) The health facility or agency described in subsection (1) shall make the policy required under this section available upon request and, whenever the policy is in effect, shall post the policy on the health facility's or agency's website that is accessible to the public.

(4) The department, in consultation with the department of health and human services, may promulgate rules to implement this section.