Bill Text: MI SB0956 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Health facilities: patient safety; admittance of COVID-19 positive patients to nursing homes from another facility; prohibit, conduct evaluation, create plan for dedicated facilities, and require transfer of COVID-19 patients to certain facilities Amends sec. 21717 of 1978 PA 368 (MCL 333.21717) & adds. secs. 5145 & 21537.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2020-08-06 - Vetoed By Governor 07/31/2020 [SB0956 Detail]
Download: Michigan-2019-SB0956-Engrossed.html
HOUSE Substitute For
SENATE BILL NO. 956
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 5145 and 21537.
the people of the state of michigan enact:
Sec. 5145. (1) By August 15, 2020, the
department, in consultation with the department of licensing and regulatory
affairs, shall conduct an evaluation of the operation, efficacy, clinical
outcomes, and performance of each COVID-19 regional hub that was implemented
and operating during this state's response to coronavirus in nursing homes and
provide a detailed report on the evaluation described in this subsection to the
house and senate standing committees on health policy.
(2)
By September 1, 2020, the department, in consultation with the department of
licensing and regulatory affairs and with hospitals located in each of the 8
health care regions, shall develop a plan based on relevant guidance established
by the federal Centers for Disease Control and Prevention. The plan required
under this subsection shall describe a process to ensure that, by September 1,
2020, there is at least 1 dedicated facility available for use in each of the 8
health care regions of this state to provide care only to individuals who test
positive for coronavirus and are not eligible for admission at a hospital,
nursing home, or adult foster care facility. On completion of the plan required
under this subsection, the department shall submit the plan to the house and
senate standing committees on health policy.
(3)
As used in this section:
(a)
"Coronavirus" means severe acute respiratory syndrome coronavirus 2
(SARS-CoV-2).
(b)
"COVID-19 regional hub" means a hub as designated by the department.
(c)
"Health care region" means a health care region as described by the
department.
Sec. 21537. (1) Beginning September 1,
2020, if a hospital determines that an individual who tests positive for coronavirus
is not eligible for admittance in the hospital and the individual is not a
resident of a nursing home, the hospital shall transfer the individual to a dedicated
facility described in section 5145(2) or a field hospital or other facility
used as a surge capacity for the hospital.
(2) As used in this section, "coronavirus" means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
Sec. 21717. (1) An Except as otherwise provided in subsection (2), an individual shall not be admitted or retained for care in a nursing home who if either of the following applies:
(a) The individual 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.
(b) Beginning September 1,
2020, the individual is being moved from another health facility or agency and
the individual has tested positive for coronavirus unless that individual has
since recovered from coronavirus.
(2) Notwithstanding any other provision of this part, beginning September 1, 2020, unless a nursing home can
provide care to a resident who tests positive for coronavirus in a physically
separate building, a nursing home shall move a
resident who tests positive for coronavirus to
a dedicated facility as described in section 5145(2) or a field hospital or other facility used as a
surge capacity for a hospital.
(3) Nothing in this section shall be construed to require a nursing home to admit or retain an individual who has tested positive for coronavirus.
(4) As used in this section, "coronavirus" means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
