Bill Text: MI SB0579 | 2021-2022 | 101st Legislature | Engrossed

Michigan Senate Bill 579 (Prior Session Legislation)

Bill Title: Health facilities: hospitals; certain hospitals to provide emergency-based medication-assisted treatment (MAT) programs; require, and provide for grants from the department of health and human services to implement the MAT programs. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 21528.

Spectrum: Moderate Partisan Bill (Democrat 16-3)

Status: (Engrossed - Dead) 2022-07-01 - Laid Over One Day Under The Rules [SB0579 Detail]

Download: Michigan-2021-SB0579-Engrossed.html

Substitute For

SENATE BILL NO. 579

A bill to amend 1978 PA 368, entitled

"Public health code,"

(MCL 333.1101 to 333.25211) by adding section 21528.

the people of the state of michigan enact:

Sec. 21528. (1) Except as otherwise provided in subsection (2), a hospital that treats 50 or more emergency patients per year in its emergency department for an opioid-related overdose shall implement an emergency-based medication-assisted treatment program. If considered appropriate by the department of health and human services, the department of health and human services may, by rule, require a hospital that treats fewer than 50 emergency patients per year in its emergency department for an opioid-related overdose to implement an emergency-based medication-assisted treatment program.

(2) A hospital that is required to implement an MAT program under subsection (1) may opt out of the requirement by completing a form developed by the department of health and human services.

(3) Subject to available funding, the department of health and human services shall develop and implement a grant program to provide grant-based financial support to hospitals for the purpose of offering MAT programs. The department of health and human services shall begin to operate the grant program beginning 90 days after the effective date of the amendatory act that added this section and shall cease the operation of the grant program on September 30, 2022, unless federal funds appropriated to the department of health and human services remain available to provide grants for purposes of this section. The department of health and human services may contract with a nongovernmental entity that it considers appropriate to administer the grant program.

(4) As a condition of receiving grant funds from the grant program, a hospital shall agree to comply with all of the following requirements in expending the grant funds:

(a) Maintain, as part of the hospital's emergency services, protocols on and the capacity to provide appropriate, evidence-based interventions for a patient being treated for an opioid-related overdose or opioid use disorder to reduce the risk of subsequent harm to or the death of the patient following his or her discharge from the hospital.

(b) Maintain protocols on possessing, dispensing, administering, and prescribing opioid agonist treatment and maintain personnel who have the capacity to possess, dispense, administer, and prescribe opioid agonist treatment.

(c) If opioid agonist treatment is recommended by a treating health professional who is treating a patient presented in the emergency department for care and treatment of an opioid-related overdose or opioid use disorder, ensure that opioid agonist treatment is offered to the patient and provided to the patient if the patient consents.

(d) Maintain protocols on possessing, dispensing, administering, and prescribing opioid antagonists and maintain personnel who have the capacity to possess, dispense, administer, and prescribe opioid antagonists.

(e) If an opioid antagonist is recommended by a treating health professional who is treating a patient presented in the emergency department for care and treatment of an opioid-related overdose or opioid use disorder, ensure that an opioid antagonist is prescribed for or dispensed to the patient if the patient consents.

(f) Demonstrate compliance with applicable training and waiver requirements established by the Substance Abuse and Mental Health Services Administration of the United States Department of Health and Human Services and the Drug Enforcement Administration of the United States Department of Justice on prescribing opioid agonist treatment.

(g) Before discharging an emergency patient who is administered or prescribed an opioid agonist treatment in the emergency department, refer the emergency patient to a person that provides substance use disorder services, which may include any opioid agonist or opioid antagonist approved by the United States Food and Drug Administration. To the extent possible, a referral described in this subdivision must ensure that the transition of care by the treating health professional in the hospital is accomplished by face-to-face or direct telephone contact between the emergency patient and the provider of the substance use disorder services.

(5) As used in this section:

(a) "Emergency-based medication-assisted treatment program" or "MAT program" means a program offering opioid agonist treatments and opioid antagonists within an emergency department.

(b) "Emergency department" means an organized emergency department located in and operated by a hospital.

(d) "Opioid agonist treatment" means methadone, buprenorphine, or any other similarly acting and equally safe agonist or partial agonist drug approved by the United States Food and Drug Administration as a treatment for opioid use disorder.

(e) "Opioid use disorder" means a substance use disorder as that term is defined in section 100d of the mental health code, 1974 PA 258, MCL 330.1100d, that involves the use of opioids.

(f) "Treating health professional" means an individual who is licensed, registered, or otherwise authorized to engage in a health profession under article 15 and who is authorized to treat an emergency patient in an emergency.