Bill Text: MI SB1218 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Health facilities: other; policies on decision-making during public health emergencies; require health facilities or agencies to develop. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding secs. 20205 & 20205a.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-11-10 - Referred To Committee On Health Policy And Human Services [SB1218 Detail]
Download: Michigan-2021-SB1218-Introduced.html
SENATE BILL NO. 1218
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding sections 20205 and 20205a.
the people of the state of michigan enact:
Sec. 20205. (1) By December 31, 2023, a health facility or agency that provides emergency care shall develop and update annually a policy that guides decision-making in the health facility or agency for medical care allocation during a public health emergency in cases where demand for critical medical resources exceeds availability. The policy must be entitled "Guidelines for Decision-Making During Public Health Emergencies".
(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 perceptions regarding quality of life and relative worth based on stereotypes of age, color, criminal history, disability, disability status, 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) Prohibit medical decision-making based on any of the following:
(i) A patient or resident's assumed remaining life years or quality-adjusted life years.
(ii) Whether additional treatment resources are required because of a patient's or resident's disability.
(c) Provide for coordinating and sharing information with the department of health and human services regarding resource availability and transfer availability.
(d) Ensure that patients and residents are treated with respect, care, and compassion.
(e) Ensure reasonable accommodations and modifications to existing policies, procedures, and practices that may block equitable access to treatment.
(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 all of the following on the health facility's or agency's website that is accessible to the public:
(a) The policy.
(b) Whom to contact within the health facility or agency regarding questions about or concerns with the policy.
(c) The dates the policy is in effect.
(d) Any other announcement and correspondence related to the public health emergency that the health facility or agency considers necessary or appropriate.
(4) The department, in consultation with the department of health and human services, may promulgate rules to implement this section. The department shall review the policy required under this section every 5 years, monitor a health facility or agency's compliance with the policy, and issue a report to the department of civil rights on the department's findings.
(5) As used in this section, "public health emergency" includes, but is not limited to, any of the following:
(a) A state of disaster or state of emergency declared under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421.
(b) The time period for which an emergency order issued under section 2253 is in effect.
(c) A global pandemic declared by the World Health Organization.
Sec. 20205a. The department of health and human services shall develop implicit bias training for health facilities or agencies and offer that training to health facilities or agencies. The implicit bias training must address patients or residents with disabilities.
