Bill Text: MI HB6314 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Health: emergency response; thresholds for emergency orders; establish. Amends secs. 2253 & 2453 of 1978 PA 368 (MCL 333.2253 & 333.2453) & adds secs. 2453a & 5116.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-10-28 - Bill Electronically Reproduced 10/28/2020 [HB6314 Detail]
Download: Michigan-2019-HB6314-Introduced.html
HOUSE BILL NO. 6314
October 21, 2020, Introduced by Rep. Frederick
and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 2253 and 2453 (MCL 333.2253 and 333.2453), section 2253 as amended by 2006 PA 157, and by adding sections 2453a and 5116.
the people of the state of michigan enact:
Sec. 2253. (1) If Subject to subsection
(4) and section 2453a, if the director determines that control of
an epidemic is necessary to protect the public health, the director by
emergency order may prohibit the gathering of people persons for
any purpose and may establish procedures in the emergency order to be followed during the
epidemic to insure ensure continuation of essential public
health services and enforcement of health laws. Emergency procedures shall are not be limited to this code.
(2) If an epidemic
described in subsection (1) involves avian influenza or another virus or
disease that is or may be spread by contact with animals, the department of
agriculture and rural development shall
cooperate with and assist the director in the director's response to the
epidemic.
(3) Upon On request from the director, the
department of agriculture and rural
development shall assist the department in any review or update
of the department's pandemic influenza plan under section 5112.
(4)
Before issuing an emergency order under subsection (1), the director shall, to
the greatest extent possible, consult with the board of health, if applicable,
of each local health department whose area served is affected by the emergency
order.
Sec. 2453. (1) If Subject to
section 2453a, if a local health officer determines that control
of an epidemic is necessary to protect the public health, the local health
officer may issue an emergency order to prohibit the gathering of people persons for any purpose and may establish
procedures in the emergency order to
be followed by persons, including a local governmental entity, during the
epidemic to insure ensure continuation of essential public
health services and enforcement of health laws. Emergency procedures shall are not be limited to this code.
(2) A local health
department or the department may provide for the involuntary detention and
treatment of individuals with hazardous communicable disease in the manner
prescribed in sections 5201 to 5238.5210.
Sec. 2453a. (1) Except as otherwise provided in subsection (2), if
the department issues an emergency order under section 2253 to control an
epidemic related to coronavirus that covers an area served by a local health
department, the area served by the local health department is subject to the
emergency order.
(2) A county
health officer may issue an emergency order under section 2453 to control an
epidemic related to coronavirus that establishes a procedure or directs the
gathering of persons in a manner that is different from, but not more
restrictive than, an emergency order described in subsection (1) if all of the
following apply:
(a) Subject to
subsection (3), the county health officer, in consultation with the chief
medical executive, determines that all of the following are met:
(i) The number of
confirmed cases of coronavirus within the area served by the qualified local
health department is at or below 55 per 1,000,000 within a 14-day period.
(ii) The percentage
of positive tests for coronavirus within the area served by the qualified local
health department is at or below 5% within a 14-day period.
(iii) Each health
facility located in the area served by the qualified local health department
maintains a surge capacity of at least 20% in admissions or patient transfers.
(iv)
Hospitalizations for coronavirus within the area served by the qualified local
health department have not increased by 25% or more within a 14-day period.
(v) Each health
facility located in the area served by the qualified local health department
has at least a 14-day supply of personal protective equipment available at the
health facility.
(vi) The area served
by the qualified local health department has the ability to conduct 15 coronavirus
tests per 10,000 residents per day and to receive the test results within 3
days after conducting the coronavirus tests. For purposes of this subparagraph,
"coronavirus test" does not include serology or antibody tests.
(a) State and federal correctional facilities.
(b) A county jail.
(c) A congregate care setting.
(4) An emergency order issued as provided in subsection
(2) applies to each county served by the qualified local health department that
is identified in the order and that meets all of the requirements described in
subsection (2). If a county that is the subject of an emergency order issued as
provided in subsection (2) no longer meets 2 or more of the requirements
described in that subsection during a 7-day period, the emergency order issued
by the county health officer is no longer valid as it applies to that county and
the county is subject to the emergency order described in subsection (1).
However, a county health officer may issue a subsequent order as provided in
subsection (2) for the county if the county subsequently meets all of the
requirements described in subsection (2).
(5) If a person
performs an act or omission that complies with an emergency order issued as
provided in subsection (2) while that emergency order is in effect that would
otherwise be a violation of an emergency order described in subsection (1), the
person is not considered to be in violation of the emergency order described in
subsection (1).
(6) As used in
this section:
(a) "Chief
medical executive" means the chief medical executive in the office of chief
medical executive created within the department.
(b)
"Congregate care setting" means a residential environment where a
group of individuals reside, meet, or gather in close proximity for either a
limited or extended period of time.
(c) "Coronavirus"
means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
(d) "County
health officer" means the individual in charge of a qualified local health
department or his or her authorized representative.
(e) "County
jail" means a facility operated by a county for the physical detention and
correction of individuals charged with, or convicted of, criminal offenses or
ordinance violations or individuals found guilty of civil or criminal contempt.
(f) "Health
facility" means a health facility or agency as that term is defined in
section 20106.
(g) "Qualified local health department" means any of the
following:
(i) A county health
department of a single county provided pursuant to section 2413 and its board
of health, if any.
(ii) A district
health department created pursuant to section 2415 and its board of health, but
only if the district health department is comprised of 2 or more counties.
Sec. 5116. (1) Subject
to subsection (2), within 30 days after the effective date of the amendatory
act that added this section, the department shall establish, or work with a
third party to implement, a website containing information on coronavirus in
this state.
(2)
The website described in subsection (1) must provide information accessible
only to health care providers on the testing capacity of each COVID-19 testing
site and laboratory within this state and the estimated time period in which
each laboratory within this state provides test results for coronavirus. The
website must also provide all of the following information in a manner that is
accessible to the public:
(a)
For each day, per 10,000 residents for this state and each county:
(i) The number of coronavirus tests administered.
(ii) The percentage of coronavirus positive test results.
(b)
The number of coronavirus positive tests for each day, per 1,000,000 residents
for this state and each county.
(c) The number of coronavirus deaths
each day in this state and in each county.
(d) The percentage of patients who are
presented to emergency departments with coronavirus symptoms by each county and
for this state.
(e) The cumulative number of each of
the following, to date, for each county and for this state:
(i) Coronavirus cases.
(ii) Coronavirus deaths.
(iii) Coronavirus recoveries.
(f)
Prevalence of comorbidities in patients for each county and for this state.
(g)
All of the following for each county and for this state:
(i) The number of hospital beds.
(ii) The number of adult hospital beds.
(iii) The number of hospital inpatient beds.
(iv) Hospital inpatient bed occupancy rates.
(v) The number of adult hospital inpatient beds.
(vi) Adult hospital inpatient bed occupancy rates.
(vii) The number of intensive care unit beds.
(viii) Intensive care unit bed occupancy rates.
(ix) Adult intensive care unit bed occupancy rates.
(x) The number of ventilators.
(xi) The number of mechanical ventilators in use.
(h)
All of the following information for each county:
(i) The cumulative number of adults hospitalized,
to date, with suspected cases of coronavirus and confirmed cases of coronavirus.
(ii) The number of adults hospitalized with a
confirmed case of coronavirus.
(iii) The number of suspected cases of coronavirus
and confirmed cases of coronavirus for each of the following:
(A) Pediatric patients who are hospitalized.
(B)
Adults who are hospitalized within an intensive care unit.
(iv) The number of patients with a confirmed case of
coronavirus who require a ventilator.
(v) The number of coronavirus related emergency
department visits, per day.
(i)
The days supply of each of the following for each hospital in this state:
(i) N95 masks.
(ii) Surgical masks.
(iii) Surgical gowns.
(iv) Eye protection.
(v) Exam gloves.
(j)
The following census information for each hospital in this state:
(i) Coronavirus patients.
(ii) Coronavirus patients in an intensive care unit.
(iii) Bed occupancy.
(k)
All of the following information for long-term care facilities, for each county
and this state:
(i) The number of residents who have tested
positive for coronavirus.
(ii) The number of residents who have recovered or
are recovering from coronavirus.
(iii) The number of residents who have died from
coronavirus.
(iv) The number of employees who have tested
positive for coronavirus.
(l) All of the following information for each long-term
care facility in this state, described by county and facility name:
(i) The cumulative number of residents who have
tested positive for coronavirus, to date.
(ii) The cumulative number of residents who have died
from coronavirus, to date.
(iii) The cumulative number of employees who have
tested positive for coronavirus, to date.
(iv) The cumulative number of employees who have
died from coronavirus, to date.
(m)
Any other information that the department considers appropriate.
(3)
As used in this section:
(a)
"Coronavirus" means that term as defined in section 2453a.
(b)
"COVID-19 testing site" means a location that collects specimens to
test for coronavirus.
(c)
"Health care provider" means both of the following:
(i) An individual who is licensed, registered, or
otherwise authorized to engage in a health profession under article 15.
(ii) A health facility.
(d)
"Health facility" means a health facility or agency as that term is
defined in section 20106.
(e)
"Hospital" means that term as defined in section 20106.
(f)
"Long-term care facility" means 1 or more of the following:
(i) A home for the aged as that term is defined in
section 20106.
(ii) A nursing home as that term is defined in
section 20109.
(iii) A county medical care facility as that term is
defined in section 20104.
(iv) A hospital long-term care unit as that term is
defined in section 20106.
(v) An adult foster care facility as that term is
defined in section 3 of the adult foster care facility licensing act, 1979 PA
218, MCL 400.703.
