HOUSE BILL No. 5065

November 5, 2015, Introduced by Reps. Sheppard and Vaupel and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding sections 17019, 17519, 20187,

 

and 21418.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 17019. (1) At the time a physician informs a patient of

 

the results of a prenatal test that has detected a life-limiting

 

condition, the physician or a qualified person assisting the

 

physician shall do all of the following:

 

     (a) Make available to the patient referral information for

 

perinatal hospice care offered by a perinatal hospice program

 

certified by the department under section 21418.

 

     (b) Inform the patient that the state, under section 2834,

 

recognizes the death of a fetus that has completed at least 20

 


weeks of gestation or weighs at least 400 grams with a certificate

 

of stillbirth.

 

     (2) At the time a physician informs a patient of the results

 

of a prenatal test that has detected a prenatally diagnosed

 

condition, the physician or a qualified person assisting the

 

physician shall provide the following:

 

     (a) Up-to-date and scientifically accurate information on

 

health outcomes, including clinical course, life expectancy,

 

development potential, and quality of life for individuals with the

 

prenatally diagnosed condition.

 

     (b) Information on early intervention services for the

 

functional development and education of a child born with a

 

prenatally diagnosed condition, including, but not limited to,

 

referral information for "Early On Michigan".

 

     (c) Referral information for peer support groups including,

 

but not limited to, support groups for parents of children with the

 

prenatally diagnosed condition and advocacy organizations for

 

individuals with the prenatally diagnosed condition.

 

     (d) Referral information for adoption including adoption

 

agencies that place children with prenatally diagnosed conditions

 

and organizations that maintain registries of families who wish to

 

adopt children with prenatally diagnosed conditions.

 

     (3) As used in this section:

 

     (a) "Life-limiting condition" means a medical condition

 

identified by prenatal diagnostic testing that will, with

 

reasonable certainty, result in the death of the child either

 

before birth or within 1 year after birth.

 


     (b) "Perinatal hospice care" means that term as defined in

 

section 21418.

 

     (c) "Prenatally diagnosed condition" means a medical condition

 

identified by prenatal diagnostic testing that will either

 

temporarily or permanently require medical treatment or other

 

support services after birth but will not, with reasonable

 

certainty, result in the death of the child within 1 year after

 

birth.

 

     (d) "Qualified person assisting the physician" means that term

 

as defined in section 17015.

 

     Sec. 17519. A physician shall comply with section 17019.

 

     Sec. 20187. A health facility or agency that provides

 

obstetric care and that provides social work or chaplaincy services

 

in conjunction with its health services shall provide its social

 

workers and chaplains, as appropriate, with information about

 

perinatal hospice programs certified by the department under

 

section 21418.

 

     Sec. 21418. (1) The department shall do all of the following:

 

     (a) Establish criteria for certifying as a perinatal hospice

 

program a hospice that provides perinatal hospice care. In

 

establishing criteria for the certification of a perinatal hospice

 

program, the department may reference existing criteria established

 

by recognized medical authorities or associations that specialize

 

in hospice care.

 

     (b) Accept and review applications for certification from a

 

hospice seeking certification as a perinatal hospice program. If

 

the department rejects an application for certification of a

 


perinatal hospice program, the department shall provide a written

 

explanation as to the reason the application for certification was

 

rejected.

 

     (c) Post on this state's website, in a printable format, a

 

list of hospices in this state that have been certified by the

 

department for providing perinatal hospice care.

 

     (2) As used in this section:

 

     (a) "Life-limiting condition" means that term as defined in

 

section 17019.

 

     (b) "Perinatal hospice care" means comprehensive medical and

 

supportive care to a pregnant woman and her family that includes

 

support from the time of diagnosis of a life-limiting condition

 

through the time of birth and death of the child. Perinatal hospice

 

care includes, but is not limited to, care by maternal-fetal

 

medical specialists, obstetricians, neonatologists, anesthesia

 

specialists, clergy, social workers, and specialty nurses.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.