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HB-5015, As Passed House, May 2, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5015

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 5901, 5911, 5913, 5915, 5919, and 5923 (MCL

333.5901, 333.5911, 333.5913, 333.5915, 333.5919, and 333.5923), as

added by 1987 PA 258, and by adding section 5906; and to repeal

acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 5901. As used in this part:

(a) "AIDS" means acquired immunodeficiency syndrome.

~~(b) "Commission" means the risk reduction and AIDS policy~~

~~commission created in section 5903.~~

(b) "Advisory task force" means the task fore created in

section 5906.

House Bill No. 5015 (H-1) as amended May 2, 2006

in section 5911.

(d) "HCV" means hepatitis C virus.

(e) ~~(d)~~ "HIV" means human immunodeficiency virus.

(f) ~~(e)~~ "Institute of higher education" means a public or

private college or university. Institute of higher education

includes a community college.

(g) ~~(f)~~ "Risk reduction" means the process of identifying

and reducing or eliminating behaviors or conditions, or both, that

are harmful to physical or mental health, or both.

Sec. 5906. (1) The hepatitis C advisory task force is created

in the department. The task force shall be appointed by the

governor. The task force shall consist of 11 members [

] including

the director and his or her designee as an ex officio member, 1

member from an association representing local public health, and 9

members appointed from the following categories:

(a) Business and industry.

(b) Labor.

(d) The legal community.

(e) Religious organizations.

(f) State and local government, including, but not limited to,

the chronic disease advisory committee created under part 54.

(g) The education community.

(2) A health care provider member appointed pursuant to

subsection (1) shall not be an employee of a state executive

department or local health department, nor represent a facility or

agency which is owned or operated by a state executive department

or a local health department. To the extent practicable, the

members appointed pursuant to subsection (1), except the director,

shall be representative of the demographic composition and

geographic regions of this state.

(3) The term of each member, other than the director, shall be

3 years, except that of the members first appointed, 4 shall serve

for 3 years, 3 shall serve for 2 years, and 3 shall serve for 1

year. A member shall not serve more than 2 consecutive terms,

whether partial or full. A vacancy on the task force shall be

filled for the balance of the unexpired term in the same manner as

the original appointment. The task force biannually shall elect a

chairperson and other officers and committees as considered

appropriate by the task force. The actual and necessary per diem

compensation and the schedule for reimbursement of expenses for the

public members of the task force shall be the same as is

established annually by the legislature for similar commissions or

task forces that are reimbursed from the general fund.

(4) The business which the task force performs shall be

conducted at a public meeting of the task force held in compliance

with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

Public notice of the time, date, and place of the meeting shall be

given in the manner required by the open meetings act, 1976 PA 267,

MCL 15.261 to 15.275. A writing prepared, owned, used, in the

possession of, or retained by the task force in the performance of

an official function shall be made available to the public in

House Bill No. 5015 (H-1) as amended May 2, 2006

compliance with the freedom of information act, 1976 PA 442, MCL

15.231 to 15.246.

(5) The task force shall do all of the following:

(a) Meet not less than quarterly at the call of the

chairperson.

(b) Advise the governor and the legislature on policies

regarding hepatitis C and risk reduction.

major risk factors and preventable diseases or conditions

including, but not limited to, hepatitis C.

(d) Make recommendations to the department regarding the

allocation of money[, if available,] from the Michigan health initiative

fund

including, but not limited to, the level of funding for grants

under section 5925.

(e) Review and comment to the department on topics determined

by the task force to be appropriate for the media campaign

conducted under this part.

(f) Review and identify potential additional funding

mechanisms and sources to cover the costs of outreach, awareness,

available treatment options, and testing, for HCV.

(g) Make recommendations to the department regarding

information to be utilized and incorporated into the HCV

information package, including, but not limited to, information

regarding the status of HCV in this state, state-supported testing

and counseling programs, and research findings.

[(6) The hepatitis c advisory task force created under this section is ABOLISHed effective June 30, 2010.]

Sec. 5911. (1) The Michigan health initiative fund is created

in the state treasury and shall be administered by the department.

The fund shall be expended only as provided in this part. The fund

is in addition to, and is not intended as a replacement for, any

other money appropriated to the department.

(2) The state treasurer shall credit to the fund all amounts

appropriated for that purpose under ~~section 11 of the Michigan~~

~~health initiative revenue act, section 25 of the general sales tax~~

~~act, Act No. 167 of the Public Acts of 1933, being section 205.75~~

~~of the Michigan Compiled Laws, and section 21 of the use tax act,~~

~~Act No. 94 of the Public Acts of 1937, being section 205.111 of the~~

~~Michigan Compiled Laws~~ this section, section 25 of the general

sales tax act, 1933 PA 167, MCL 205.75, and section 21 of the use

tax act, 1937 PA 94, MCL 205.11. The state treasurer may receive

money or other assets from any source for deposit into the fund.

(3) The state treasurer shall direct the investment of the

fund. Earnings shall be credited to the fund.

(4) The unencumbered balance remaining in the fund at the

close of the fiscal year shall remain in the fund, and shall not

revert to the general fund.

Sec. 5913. (1) The department shall utilize the fund to

establish the Michigan health initiative information clearinghouse,

which shall be accessible to the public statewide.

(2) The Michigan health initiative information clearinghouse

shall, at a minimum, maintain and provide up-to-date information on

both of the following:

(a) Major risk factors and preventable diseases and conditions

including, but not limited to, HCV and AIDS.

(b) Risk reduction service providers, HCV treatment programs,

and AIDS treatment programs throughout the state.

Sec. 5915. (1) The department shall utilize the fund to

produce or arrange for the production of a media campaign to

disseminate information on risk reduction and major risk factors

and preventable diseases and conditions including, but not limited

to, HCV and AIDS, pursuant to the advice of the ~~commission~~ task

force as provided under section ~~5909~~ 5906.

(2) In addition to the requirements of subsection (1), the

department shall utilize the fund to produce or arrange for the

production of public service announcements regarding risk

reduction, HCV, and AIDS which shall be distributed to publicly

supported radio and television stations and to cable television

studios, and which may be distributed to commercial radio and

television stations.

Sec. 5919. The department shall utilize the fund to develop,

in cooperation with institutions of higher education, a risk

reduction, HCV information package, and AIDS information package

that shall include, but not be limited to, information regarding

testing, counseling, transmission, prevention, and treatment.

Sec. 5923. (1) The department shall utilize the fund to

provide HIV testing free of charge to all residents of this state

and all nonresident students enrolled in and attending a public or

private college, university, or other postsecondary educational

institution in this state. If additional funds are available, the

department shall utilize the fund to provide HCV testing free of

charge to residents of this state who are identified as high-risk

and do not have health insurance, coverage, or benefits. All HIV

and HCV testing under this section shall be performed by the

department or a licensed clinical laboratory designated by the

department.

(2) As a condition of receiving an HIV or HCV test under this

section, the department shall require an individual who requests an

HIV or HCV test to undergo counseling both before and after the

~~HIV~~ test. The counseling may be provided by local health

department personnel or an individual designated by the local

health department who has undergone training approved by the

department. The counseling shall be conducted pursuant to protocols

approved by the department. If the counseling required under this

subsection is provided by a local health department or an

individual designated by the local health department, the cost of

the counseling shall be paid by the local health department out of

the distribution of funds made under section 5(c) of the health and

safety fund act, 1987 PA 264, MCL 141.475. If a distribution of

funds is not made under section 5(c) of the health and safety fund

act, 1987 PA 264, MCL 141.475, the cost of counseling provided

under this subsection by a local health department or an individual

designated by the local health department shall be paid by the

department.

(3) A person who provides HIV or HCV testing or counseling

under this section shall be reimbursed for the cost of the ~~HIV~~

testing or counseling only by the department or a local health

department, and shall not bill the individual receiving the

services or any other person including, but not limited to, a third

party payer.