Bill Text: MI SB1113 | 2019-2020 | 100th Legislature | Introduced

Michigan Senate Bill 1113 (Prior Session Legislation)

Introduced

Bill Title: Health: diseases; COVID-19 tests for staff and residents of long-term care facilities; require, and require the reporting of certain data to the department of health and human services. Creates & repeals new act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-09-15 - Referred To Committee On Health Policy And Human Services [SB1113 Detail]

Download: Michigan-2019-SB1113-Introduced.html

SENATE BILL NO. 1113

September 15, 2020, Introduced by Senator POLEHANKI and referred to the Committee on Health Policy and Human Services.

A bill to require long-term care facilities to follow certain testing and procedural requirements in response to COVID-19; to require the reporting of certain data; to prescribe civil sanctions; to provide for the powers and duties of certain state officers and entities; to require the promulgation of rules; and to repeal acts and parts of acts.

the people of the state of michigan enact:

Sec. 1. As used in this act:

(a) "Adult foster care facility" means that term as defined in section 3 of the adult foster care facility licensing act, 1979 PA 218, MCL 400.703.

(b) "Assisted living facility" means an unlicensed establishment that offers community-based residential care for at least 3 unrelated adults who are over the age of 65 or who need assistance with activities of daily living, including, but not limited to, personal, supportive, and intermittent health-related services that are available 24 hours a day.

(d) "Department" means the department of health and human services.

(e) "Director" means the director of the department or his or her designee.

(f) "Home for the aged" means that term as defined in section 20106 of the public health code, 1978 PA 368, MCL 333.20106.

(g) "Long-term care facility" means an assisted living facility, adult foster care facility, home for the aged, and nursing home.

(h) "Nursing home" means that term as defined in section 20109 of the public health code, 1978 PA 368, MCL 333.20109.

Sec. 3. A long-term care facility shall submit a report to the department containing the data described in the emergency order issued by the department under section 2253 of the public health code, 1978 PA 368, MCL 333.2253, dated June 15, 2020, and any other data considered necessary by the department to assist the department in preventing the spread of COVID-19. The report required under this section must be submitted daily by 12 p.m., eastern standard time, in a form and manner required by the department.

Sec. 5. (1) Subject to subsections (2) and (3), a long-term care facility shall conduct COVID-19 diagnostic testing on each resident and staff member of the long-term care facility as follows:

(a) Conduct an initial test of each resident and staff member.

(b) Test each new or returning resident during intake unless the resident was tested in the 72 hours immediately preceding the date of intake.

(d) If any resident or staff member tests positive for COVID-19, conduct weekly testing of each resident and staff member until 14 days after the last new positive test result for COVID-19.

(e) If the long-term care facility is located in an area designated as medium or high risk by the department, test each staff member on a weekly basis.

(f) Conduct any other testing as required by the director of the department.

(2) Before conducting the COVID-19 diagnostic testing required under this section, the long-term care facility must obtain consent from the individual who is the subject of the test or from an individual who is legally authorized to make medical decisions on behalf of the individual who is the subject of the test.

(3) Each long-term care facility shall develop and implement a plan for conducting the COVID-19 diagnostic testing required under this section by a date determined by the department. The plan must be made available, on request, to the department, the department of licensing and regulatory affairs, and the public, and must identify all of the following:

(a) A schedule for conducting the testing, including the date on which testing will begin in the long-term care facility.

(b) Laboratories or hospitals with which the long-term care facility will partner for purposes of conducting the testing.

(d) A procedure for addressing residents who decline or are unable to be tested.

(e) A procedure for how staff members who refuse to be tested will not have contact with residents of the long-term care facility.

(4) The department may provide support to long-term care facilities in implementing the testing required under this section. A long-term care facility seeking support from the department shall file the plan described in subsection (3) with the department in a form and manner required by the department, highlighting the support requested. A long-term care facility that requests support from the department under this subsection is not in violation of this act if the long-term care facility does not receive assistance from the department and the department determines that the long-term care facility cannot comply with the plan described in subsection (3) due to reasons beyond the long-term care facility's control and the long-term care facility reports to the department within 24 hours after recognizing its inability to comply with the plan. As used in this subsection, "reasons beyond the long-term care facility's control" includes, but is not limited to, inadequate testing supplies.

Sec. 7. If a staff member or resident of a long-term care facility tests positive for COVID-19, the long-term care facility shall take all necessary precautions in accordance with guidance from the federal Centers for Disease Control and Prevention to prevent the transmission of COVID-19, including, but not limited to, excluding any staff member with COVID-19 from the long-term care facility until he or she has met all conditions for returning to the long-term care facility as established by the federal Centers for Disease Control and Prevention.

Sec. 9. (1) If a person violates this act, the department may issue a citation for a monetary civil penalty in the same manner as provided in section 2262 of the public health code, 1978 PA 368, MCL 333.2262.

(2) A person issued a citation under subsection (1) is entitled to an appeal in the same manner as provided in section 2263 of the public health code, 1978 PA 368, MCL 333.2263.

(3) The department shall report a violation of this act to the department of licensing and regulatory affairs.

Sec. 11. This act is repealed effective 1 year after the effective date of this act.