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 1, 2020, 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 its evaluation to the house and senate standing committees on health policy.
(b)
By November 1, 2020, develop and submit a plan 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 plan shall describe a process by which the department is able to
implement dedicated facilities available for use for only coronavirus-positive
patients in each of the 8 health care regions of this state to provide care to
individuals who test positive for coronavirus and are ineligible for admission
at a hospital, nursing home, or adult foster care facility. The plan shall also
describe how health care systems and hospitals with excess surge capacity can
be utilized for the placement of individuals who test positive for coronavirus
and are ineligible for admission at a hospital, nursing home, or adult foster
care facility, prior to the individuals being transferred to a dedicated
facility described in this subdivision. The department shall consider and
address within the plan any relevant operational or procedural challenges
identified by the Michigan nursing homes COVID-19 preparedness task force,
including, but not limited to, the transfer of nursing home residents, testing
and laboratory priority for nursing home residents and staff, and quality of
life considerations. If the plan uses the regional hub design described in
subdivision (a), the plan must incorporate any enhancement that the department
considers appropriate to prevent the spread of coronavirus in nursing homes
based on the evaluation conducted by the department under this section.
(c)
By November 1, 2020, and each month thereafter, provide a report to the house and senate standing committees on
health policy that includes, but is not limited to, all of the following
information for each nursing home:
(i) The new number of COVID-19 positive cases among
nursing home residents and staff for the reporting period.
(ii) The new number of COVID-19 positive cases among
nursing home residents and staff that are symptomatic versus asymptomatic for
the reporting period.
(iii) The new number of COVID-19 deaths among nursing
home residents and staff for the reporting period.
(iv) The new number of COVID-19 recoveries among
nursing home residents and staff for the reporting period.
(v) The new number of COVID-19 tests conducted on
nursing home residents and staff for the reporting period.
(vi) The new number of nursing home residents who
were transferred out of the facility and into a hospital, care and recovery
center, or other facility for the reporting period.
(vii) The cumulative number of COVID-19 positive
cases among nursing home residents and staff, to date.
(viii) The cumulative number of COVID-19 deaths among
nursing home residents and staff that are symptomatic versus asymptomatic, to
date.
(ix) The cumulative number of COVID-19 deaths among
nursing home residents and staff, to date.
(x) The cumulative number of COVID-19 recoveries
among nursing home residents and staff, to date.
(xi) The cumulative number of COVID-19 tests
conducted on nursing home residents and staff, to date.
(xii) The cumulative number of nursing home residents
who were transferred to a hospital, COVID-19 regional hub, care and recovery
center, or other facility, to date.
(xiii) An inventory of current stock of medical
supplies and personal protective equipment.
(xiv) Current version of any visitation policy issued
by the department affecting nursing homes.
(2) The plan
required under subsection (1)(b) shall also provide for both of the following
regarding an individual who tests positive for coronavirus and needs to be
transferred to a dedicated facility or other location described in subsection
(1)(b):
(a) That a physician
shall provide, in writing and in a time frame and manner determined by the
department, that the individual is medically stable for the transfer.
(b) Twenty-four
hour notice to the individual, the individual's family members, or the
individual's legal representative regarding the transfer.
(3) As used in this section:
(a)
"Coronavirus" means severe acute respiratory syndrome coronavirus 2
(SARS-CoV-2).
(b)
"Health care region" means a health care region as described by the
department.
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) Beginning
November 1, 2020, the individual has tested positive for coronavirus unless
either of the following applies:
(i) The individual has since recovered from coronavirus.
(ii) The nursing home elects to establish and subsequently demonstrates to the department that it is able to provide a designated area within its facility for individuals who test positive for coronavirus and has a program for retaining and providing the appropriate level of care necessary for individuals who test positive for coronavirus. To be considered for approval by the department, the nursing home's designated area must meet proper infection control safeguards and the program must be consistent with adequate supply, testing, dedicated staffing, and operational capacity of the nursing home at the time of an individual's diagnosis. The nursing home shall not admit or retain an individual in its care under this subparagraph unless the department approves the nursing home's designated area and program described in this subparagraph. A nursing home with a designated area approved by the department must continuously evaluate and ensure the nursing home's ability to meet each standard established by the department at the time of the initial approval.
(2) As used in this section, "coronavirus" means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).