Act No. 440

Public Acts of 2000

Approved by the Governor

January 9, 2001

Filed with the Secretary of State

January 9, 2001

EFFECTIVE DATE: January 9, 2001

STATE OF MICHIGAN

90TH LEGISLATURE

REGULAR SESSION OF 2000

Introduced by Rep. DeWeese

ENROLLED HOUSE BILL No. 4596

AN ACT to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," (MCL 333.1101 to 333.25211) by adding section 20917; and to repeal acts and parts of acts.

The People of the State of Michigan enact:

Sec. 20917. (1) The statewide trauma care commission is created in the department of consumer and industry services. As used in this section, "commission" means the statewide trauma care commission created under this subsection.

(2) The governor shall appoint the members of the commission by July 1, 2001 for terms of 2 years. A member of the commission who is unable to complete a full 2-year term shall be replaced by the governor, from the same category, for the balance of the unexpired term. The commission shall consist of the following 17 members, at least 3 of whom shall be residents of rural counties, 1 of whom shall be a resident of a rural county located in the Upper Peninsula:

(a) Eight health professionals who are experts in trauma and emergency services, from any health profession. One of the health professionals appointed under this subdivision shall be a registered professional nurse with training in emergency and trauma services.

(b) Two representatives of hospitals.

(c) Two representatives of health care purchasers or payers, including, but not limited to, insurers, self-insured employers, and Taft-Hartley health and welfare funds.

(d) One representative from ambulance service providers.

(e) Two consumers of health care services.

(f) The chair of the emergency medical services coordinating committee.

(g) One representative from the department of community health.

(3) The governor shall designate a chairperson for the commission. The chairperson shall convene the first meeting of the commission not later than 30 days after the date the governor finishes appointing the members of the commission.

(4) The commission shall do all of the following:

(a) Assess the status of trauma care in this state.

(b) Hold public hearings throughout the state to gather public opinion about the status of trauma care in Michigan. The commission shall hold at least 1 public hearing in each of the state's 8 health planning areas.

(c) Obtain information on trauma care systems in other states.

(d) By July 1, 2002, file a report with the governor, the legislature, the director of the department of consumer and industry services, and the emergency medical services coordinating committee that makes recommendations regarding all of the following:

(i) Statewide trauma care delivery and the operational and administrative structure of statewide trauma care delivery.

(ii) Fiscally responsible model policies for a statewide trauma care system that recommend appropriate classification of trauma care facilities and services, coordinated communication between first responders and trauma care providers, and rapid transport to an appropriate trauma care facility. The recommendations shall evaluate the costs, benefits, and impacts, if any, on public and private third party payers.

(iii) The unique needs and constraints of rural Michigan in a statewide trauma care delivery system.

(iv) The unique needs and constraints of communities located adjacent to the border of this state and another state in a statewide trauma care delivery system. The commission shall make specific recommendations on how to get emergency medical services to such communities as quickly as possible and on criteria for determining when it is appropriate for Michigan emergency medical services personnel to respond and when it is appropriate for emergency medical services personnel from the bordering state to respond.

(5) After the report required under subsection (4)(d) is filed, the report is available to the public at no charge, upon request.

(6) Meetings of the commission are subject to the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(7) A writing prepared, owned, used, in the possession of, or retained by the commission in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(8) The per diem compensation for the members of the commission and a schedule of reimbursement of expenses shall be as established by the legislature.

(9) The department of consumer and industry services shall provide office space and administrative support including, but not limited to, clerical and professional staff, for the commission.

(10) As used in this section, "rural county" means that term as defined in section 22207.

Enacting section 1. Section 20917 of the public health code, 1978 PA 368, MCL 333.20917, is repealed on July 1, 2004.

This act is ordered to take immediate effect.

Clerk of the House of Representatives.

Secretary of the Senate.

Approved

Governor.