HOUSE BILL NO. 6137
September 01, 2020, Introduced by Reps. Love,
Cynthia Neeley, Bolden, Cynthia Johnson, Kuppa, Coleman, Vaupel, Pohutsky,
Stone, Hoitenga, Brixie, Hood, Sabo, Hertel, Sowerby, Tate, Clemente,
Haadsma, Gay-Dagnogo, Yancey, Rabhi, Brenda Carter, Tyrone Carter,
Peterson, Crawford, Witwer, Koleszar, Chirkun, Lasinski and Garrett and
referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 21717 (MCL 333.21717), as amended by 2014 PA 66, and by adding sections 21317 and 21717a.
the people of the state of michigan enact:
Sec. 21317. (1) If a home for the aged
is designated by the department of health and human services as a home for the
aged to provide room, board, and supervised personal care to residents of the
home for the aged who test positive for coronavirus, the home for the aged
shall dedicate a facility as a care and recovery emergency facility to provide
room, board, and supervised personal care for those residents of the home for
the aged who test positive for coronavirus. The CARE facility must be a
stand-alone structure, be isolated and separate from any other structure where
residents of the home for the aged who have not tested positive for coronavirus
reside, and have staff that work exclusively in the CARE facility.
(2)
A CARE facility shall exist and operate temporarily during a public health
state of emergency declared by the governor if any of the following occur:
(a)
A resident of the home for the aged is released from a hospital after receiving
treatment for coronavirus and it is determined that the resident of the home
for the aged cannot be safely isolated or provided room, board, and supervised
personal care in the home for the aged.
(b)
A resident of the home for the aged tests positive for coronavirus.
(c)
An individual is released from a hospital after receiving treatment for
coronavirus and it is determined that the individual requires room, board, and
supervised personal care in the home for the aged.
(3)
Notwithstanding any other provision of law, a home for the aged shall not
receive any funding or other financial incentives from state funds dedicated
for CARE facilities unless the home for the aged meets the requirements described
in subsection (1).
(4)
Subject to subsection (5), if a resident of a home for the aged tests positive
for coronavirus, the home for the aged shall do 1 of the following:
(a)
If a hospital has adequate bed capacity, move the resident to the hospital for
care and treatment.
(b)
If a hospital does not have adequate bed capacity, move the resident to a CARE
facility for care and treatment.
(c)
If neither a hospital nor a CARE facility has adequate bed capacity, allow the
resident to remain at the home for the aged for care and treatment in a
designated unit. The designated unit shall have a separate entrance and exit and
have its own nursing stations, supply rooms for linen storage, medications,
restrooms, and shower facilities for the residents of the home for the aged,
unless it is not reasonably possible.
(5)
A resident of a home for the aged must not be moved under subsection (4) unless
a physician signs a statement that the resident is medically stable for
transfer.
(6)
A resident of a home for the aged who is moved under subsection (4) is entitled
to notice and an opportunity for hearing in the same manner as provided in sections
21773 and 21774.
(7)
As used in this section:
(a)
"Care and recovery emergency facility" or "CARE facility" means
the dedicated facility described in subsection (1).
(b)
"Coronavirus" means severe acute respiratory syndrome coronavirus 2
(SARS-CoV-2).
(c)
"Designated unit" means an area within a home for the aged that is designated
to provide care and treatment to a resident of the home for the aged who has tested
positive for coronavirus or is suspected to have coronavirus and that is
separate from residents of the home for the aged who are not positive for
coronavirus or are not suspected to have coronavirus.
Sec. 21717. An Subject to
section 21717a, an individual shall not be admitted or retained
for care in a nursing home who requires special medical or surgical treatment,
or treatment for acute mental illness, developmental disability, communicable
tuberculosis, or a communicable disease, unless the home is able to provide an
area and a program for the care. The department shall approve both the area and
the program.
Sec. 21717a. (1) If a nursing home is
designated by the department of health and human services as a nursing home to
provide nursing care and medical treatment to residents who test positive for
coronavirus, the nursing home shall dedicate a facility as a care and recovery
emergency facility to provide nursing care and medical treatment for those
residents who test positive for coronavirus. The CARE facility must be a
stand-alone structure, be isolated and separate from any other structure where
residents who have not tested positive for coronavirus reside, have at least a
three-star rating based on the Five-Star Quality Rating System established by
the federal Centers for Medicare and Medicaid Services, and have staff that
work exclusively in the CARE facility.
(2)
A CARE facility shall exist and operate temporarily during a public health
state of emergency declared by the governor if any of the following occur:
(a)
A resident is released from a hospital after receiving treatment for
coronavirus and it is determined that the resident cannot be safely isolated or
provided nursing care and medical treatment in the nursing home.
(b)
A resident tests positive for coronavirus.
(c)
An individual is released from a hospital after receiving treatment for
coronavirus and it is determined that the individual requires nursing care and
medical treatment in a nursing home.
(3)
Notwithstanding any other provision of law, a nursing home shall not receive
any funding or other financial incentives from state funds dedicated for CARE
facilities unless the nursing home meets the requirements described in subsection
(1).
(4)
Subject to subsection (5), if a resident tests positive for coronavirus, the nursing
home shall do 1 of the following:
(a)
If a hospital has adequate bed capacity, move the resident to the hospital for
care and treatment.
(b)
If a hospital does not have adequate bed capacity, move the resident to a CARE
facility for care and treatment.
(c)
If neither a hospital nor a CARE facility has adequate bed capacity, allow the
resident to remain at the nursing home for care and treatment in a designated
unit. The designated unit shall have a separate entrance and exit and have its
own nursing stations, supply rooms for linen storage, medications, restrooms,
and shower facilities for the residents, unless it is not reasonably possible.
(5)
A resident must not be moved under subsection (4) unless a physician signs a
statement that the resident is medically stable for transfer.
(6)
A resident who is moved under subsection (4) is entitled to notice and an
opportunity for hearing as provided in sections 21773 and 21774.
(7)
As used in this section:
(a)
"Care and recovery emergency facility" or "CARE facility" means
the dedicated facility described in subsection (1).
(b)
"Coronavirus" means severe acute respiratory syndrome coronavirus 2
(SARS-CoV-2).
(c) "Designated unit" means an area within a nursing home that is designated to provide care and treatment to a resident who has tested positive for coronavirus or is suspected to have coronavirus and that is separate from residents who are not positive for coronavirus or are not suspected to have coronavirus.