HOUSE Substitute For
SENATE BILL NO. 1094
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 section 5145.
the people of the state of michigan enact:
Sec. 5145. (1) The department, in
consultation with the department of licensing and regulatory affairs, shall do
all of the following:
(a)
By November 15, 2020, develop and submit a report to the house and senate
standing committees on health policy that is based on relevant guidance issued
by the federal Centers for Disease Control and Prevention and incorporates
recommendations from the Michigan nursing homes COVID-19 preparedness task force.
The report must include,
but is not limited to, a description of any updates to the final
recommendations of the Michigan nursing homes COVID-19 preparedness task force
in its report dated August 30, 2020, the status on implementing the
recommendations, and a description of any barriers to implementing the
recommendations. The department may use health care systems and hospital
capacity data when preparing the report. The report must also address each of
the following quality-of-life recommendations from the task force report
described in this subdivision:
(i) Outdoor visits.
(ii) Small-group noncontact activities.
(iii) Communal dining for residents.
(iv) Indoor visitation participation opt-in.
(v) Resident small-group "pod" opt-in.
(vi) Increased virtual visitation opportunities.
(vii) Staff access to creative engagement ideas.
(viii) Support for meaningful engagement activities.
(ix) Ancillary service providers.
(x) Visitation volunteers.
(xi) Off-campus health and wellness visits.
(xii) Window visits.
(b)
By November 15, 2020, implement a statewide policy for nursing homes on
providing in-person indoor and outdoor visitations to all nursing home
residents. The department shall post a copy of the policy on the department's
publicly available website and post any updates to the policy within 48 hours
after making the updates. The department shall also provide a copy of the
policy to the house and senate standing committees on health policy. The policy
may limit in-person indoor and outdoor visitations
for a nursing home resident who tests positive for coronavirus, if a nursing
home is experiencing an outbreak of coronavirus, or if a community is
experiencing an outbreak of coronavirus.
(c)
By November 15, 2020, develop and submit a report to the house and senate
standing committees on health policy on the department's plans to identify
laboratories that will process and prioritize coronavirus diagnostic tests from
nursing homes. The report must include the department's plans for issuing
requests for proposals that include a provision requiring a successful bidder
to be able to process a high volume of tests, including, but not limited to,
rapid testing for coronavirus and provide expedited results.
(d)
By November 15, 2020, implement a process for the creation of care and recovery
centers within nursing homes for the purpose of providing care to individuals
who have tested positive for coronavirus who have not met the criteria for the
discontinuation of transmission-based precautions from the federal Centers for
Disease Control and Prevention. The department shall require a nursing home
seeking to operate a care and recovery center to apply to the department on a
form provided by the department and meet all of the following requirements:
(i) Demonstrate each of the following to the
department:
(A)
That the nursing home has at least a 3-star rating based on the Five-Star
Quality Rating System established by the federal Centers for Medicare and
Medicaid Services.
(B)
That the nursing home is not operating under a denial of payment for new
admissions under 42 CFR 488.417.
(C)
That the nursing home is not designated on the Nursing Home
Compare website of the federal Centers for Medicare and Medicaid Services as a
"red hand facility", indicating a citation for abuse.
(D)
That the nursing home meets physical plant capacity to designate a distinct
area within the nursing home for individuals who have tested positive for
coronavirus.
(E)
That the nursing home has dedicated staff for the sole purpose of treating individuals
in the care and recovery center.
(ii) Agrees to comply with any facility requirements
that the department considers appropriate to prevent the spread of coronavirus
in nursing homes, including, but not limited to, infection control safeguards,
personal protective equipment, testing for coronavirus, and operational
capacity.
(iii) Agrees to comply with all of the following if
an individual tests positive for coronavirus and needs to be transferred to a
care and recovery center or other location described in this section:
(A)
Provide a notice to the individual; if applicable, the individual's legal
representative; and, if the individual consents, the individual's emergency
contact.
(B)
That a physician, a nurse practitioner, or a physician's assistant shall
provide, in writing and in a time frame and manner determined by the
department, that the individual is medically stable for the transfer.
(iv) Any other requirement established by the
department in consultation with the department of licensing and regulatory
affairs.
(e)
By November 15, 2020, implement a process for the approval of designated areas
within nursing homes for individuals who test positive
for coronavirus. The department shall require a nursing home seeking to
establish a designated area within its facility to apply to the department on a
form provided by the department and meet all of the following requirements:
(i) Demonstrate each of the following to the
department:
(A)
That the nursing home has a program for retaining and providing the appropriate
level of care necessary for individuals who test positive for coronavirus and
that the program has an adequate supply of personal protective equipment and
adequate testing capabilities, dedicated staffing, and operational capacity at
the time of an individual's diagnosis.
(B)
That the nursing home's designated area meets proper infection control
safeguards.
(C)
That there is no longer capacity at a care and recovery center and additional
facilities are needed for individuals who test positive for coronavirus, unless the department determines that there are rare
and unique circumstances that must be taken to protect the health and safety of
an individual.
(ii) Agrees to continually evaluate and ensure its
ability to meet each requirement for the approval of a designated area under
this subdivision.
(iii) Any other requirement established by the
department in consultation with the department of licensing and regulatory
affairs.
(3)
As used in this section, "coronavirus" means severe acute respiratory
syndrome coronavirus 2 (SARS-CoV-2).
Sec. 21717. (1) An individual shall not be admitted or retained for care in a nursing home who if any of the following apply:
(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.
(c) Except as
otherwise provided in subsection (2), beginning November 15, 2020, the
individual has tested positive for coronavirus unless any of the following
apply:
(i) The individual has since recovered from coronavirus.
(ii) The nursing home is a care and recovery center.
(iii) The nursing
home demonstrates to the department of health and human services that it meets
the requirements described in section 5145(1)(e) to accept an individual who
has tested positive for coronavirus within the approved designated area of the
nursing home.
(2) If, by November 15, 2020, the department of health and human services has not implemented the process for the creation of care and recovery centers within nursing homes as described in section 5145(1)(d), a nursing home may admit or retain for care an individual who has tested positive for coronavirus until the date that the process is implemented by the department of health and human services and for up to 30 days thereafter.
(3) As used in
this section:
(a) "Care
and recovery center" means a care and recovery center described in section
5145.
(b) "Coronavirus" means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).