June 29, 2005, Introduced by Reps. Kahn, Polidori, Ball, Gosselin, David Law, Stakoe, Wenke, Marleau, Green, Shaffer, Jones, Moolenaar, Adamini, Mortimer, Gaffney, Wojno, McDowell, Taub, Ward, Vander Veen, Moore, Hildenbrand, Booher, Robertson, Byrnes, Murphy and Nofs and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 5901, 5909, 5913, 5915, 5919, and 5923 (MCL
333.5901, 333.5909, 333.5913, 333.5915, 333.5919, and 333.5923), as
added by 1987 PA 258, and by adding section 5922.
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.
(c) "Fund" means the Michigan health initiative fund created
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. 5909. (1) The commission 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 risk reduction, HCV, and AIDS.
(c) Annually report to the governor and the legislature on
major risk factors and preventable diseases or conditions
including, but not limited to, HCV and AIDS.
(d) Make recommendations to the department regarding the
allocation of money 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 commission to be appropriate for the media campaign
conducted under this part.
(2) The commission may appoint advisory committees as
considered necessary by the commission. The membership of an
advisory committee may include individuals who are afflicted by a
particular disease or condition and individuals who have training
and expertise in a particular major risk factor, disease, or
condition. Members of an advisory committee appointed under this
subsection shall not be compensated for their services, but may be
reimbursed for actual and necessary expenses incurred in the
performance of their duties.
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 as
provided under section 5909.
(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. 5922. (1) The department shall utilize the fund to
develop annually a model HCV information package that shall
include, but is not limited to, information regarding the status of
HCV in this state, state supported testing and counseling programs,
research findings, and access to the Michigan health initiative
information clearinghouse established under section 5913.
(2) A local health department or a consortium of local health
departments may apply to the department for funding to develop a
local HCV information package which may be used as an alternative
to the state model developed under subsection (1). If the
department provides funding under this subsection, the department
shall approve the alternative HCV information package before it is
used by the local health department.
(3) The model HCV information package developed under
subsection (1) may be distributed to each residence in the state,
except that the model HCV information package need not be
distributed to a residence to which an alternative HCV information
package developed and approved under subsection (2) has been
distributed.
Sec. 5923. (1) The department shall utilize the fund to
provide HIV and HCV 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. 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.