SENATE BILL NO. 1008
June 25, 2020, Introduced by Senators CHANG and
BRINKS and referred to the Committee on Health Policy and Human Services.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 20205.
the people of the state of michigan enact:
Sec. 20205. (1) By December 31, 2020,
a health facility or agency that provides emergency care shall develop a policy
that guides decision-making for medical care in cases where demand for critical
medical resources exceeds availability during a declared state of emergency
under 1945 PA 302, MCL 10.31 to 10.33, or a declared state of disaster or
emergency under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421,
related to public health.
(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 stereotypes
regarding age, color, criminal history, disability, 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)
Provide for coordinating and sharing information with the department of health
and human services regarding resource availability and transfer availability.
(c)
Ensure that withholding or delaying care due to lack of critical resources is
always a last resort.
(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 the policy on the health facility's
or agency's website that is accessible to the public.
(4)
The department, in consultation with the department of health and
human services, may promulgate rules to implement this section.