April 21, 2015, Introduced by Senators MARLEAU, COLBECK, ROBERTSON, PROOS, NOFS, BRANDENBURG, CASPERSON, O'BRIEN, EMMONS, HUNE, GREEN, PAVLOV, HILDENBRAND, BOOHER, ZORN, KNOLLENBERG, GREGORY, ROCCA and JONES and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding sections 17019, 17519, 20187,
and 21418.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17019. (1) At the time a physician informs a patient of
the results of a prenatal test that has detected a life-limiting
condition, the physician or a qualified person assisting the
physician shall do all of the following:
(a) Make available to the patient referral information for
perinatal hospice care offered by a perinatal hospice program
certified by the department under section 21418.
(b) In a case where a life-limiting condition will cause, or
has a reasonable probability of causing, a stillbirth, inform the
patient that the state, under section 2834, recognizes the death of
a fetus that has completed at least 20 weeks of gestation or weighs
at least 400 grams with a certificate of stillbirth.
(2) At the time a physician informs a patient of the results
of a prenatal test that has detected a prenatally diagnosed
condition, the physician or a qualified person assisting the
physician shall provide the following:
(a) Up-to-date and scientifically accurate information on
health outcomes, including clinical course, life expectancy, and
development potential for individuals with the prenatally diagnosed
condition.
(b) Information on early intervention services for the
functional development and education of a child born with a
prenatally diagnosed condition, including, but not limited to,
referral information for "Early On Michigan".
(c) Referral information for peer support groups including,
but not limited to, support groups for parents of children with the
prenatally diagnosed condition and advocacy organizations for
individuals with the prenatally diagnosed condition.
(d) Referral information for adoption including adoption
agencies that place children with prenatally diagnosed conditions
and organizations that maintain registries of families who wish to
adopt children with prenatally diagnosed conditions.
(3) As used in this section:
(a) "Life-limiting condition" means a medical condition
identified by prenatal diagnostic testing that will, with
reasonable certainty, result in the death of the child either
before birth or within 1 year after birth.
(b) "Perinatal hospice care" means that term as defined in
section 21418.
(c) "Prenatally diagnosed condition" means a medical condition
identified by prenatal diagnostic testing that will either
temporarily or permanently require medical treatment or other
support services after birth but will not, with reasonable
certainty, result in the death of the child within 1 year after
birth.
(d) "Qualified person assisting the physician" means that term
as defined in section 17015.
Sec. 17519. A physician shall comply with section 17019.
Sec. 20187. A health facility or agency that provides
obstetric care and that provides social work or chaplaincy services
in conjunction with its health services shall provide its social
workers and chaplains, as appropriate, with information about
perinatal hospice programs certified by the department under
section 21418.
Sec. 21418. (1) The department shall do all of the following:
(a) Establish criteria for certifying as a perinatal hospice
program a hospice that provides perinatal hospice care. In
establishing criteria for the certification of a perinatal hospice
program, the department may reference existing criteria established
by recognized medical authorities or associations that specialize
in hospice care.
(b) Accept and review applications for certification from a
hospice seeking certification as a perinatal hospice program. If
the department rejects an application for certification of a
perinatal hospice program, the department shall provide a written
explanation as to the reason the application for certification was
rejected.
(c) Post on this state's website, in a printable format, a
list of hospices in this state that have been certified by the
department for providing perinatal hospice care.
(2) The department may create, operate, and maintain a
prenatal diagnosis clearinghouse that contains information
regarding prenatally diagnosed medical conditions. The
clearinghouse shall be created, operated, and maintained as
provided in this section.
(3) The department may, by contract, delegate the creation,
operation, and maintenance of the clearinghouse to an organization
or institution of higher learning in this state contingent on the
delegate incurring all of the cost related to designing,
maintaining, and operating the clearinghouse. A contracted delegate
shall do all of the following:
(a) Create, and update as needed, a list of medical conditions
that can affect a developing unborn child and can be detected by
prenatal diagnostic tests.
(b) Provide the list described in subdivision (a) to the
department and to a prospective qualified contributor upon request.
(c) Develop criteria for approving a qualified contributor who
requests authorization to contribute information for posting on the
clearinghouse and provide notice of approval or denial of
authorization to an organization or individual who requests
authorization as a qualified contributor in accordance with the
established criteria.
(d) For each medical condition identified in subdivision (a),
provide directly, or solicit from a qualified contributor,
information to be placed on the clearinghouse that describes the
condition, known treatment options or supportive services, and
information on government agencies or programs and private
organizations that provide service or support to individuals with
that condition or to their caregivers.
(e) Not less than annually, review the information posted on
the clearinghouse to confirm that referral information is still
accurate with regard to support organizations and links to other
websites.
(4) As used in this section:
(a) "Licensed medical professional" means a person licensed or
otherwise authorized to practice medicine under article 15.
(b) "Life-limiting condition" means that term as defined in
section 17019.
(c) "Prenatal diagnosis clearinghouse" or "clearinghouse"
means an Internet website containing information regarding
prenatally diagnosed medical conditions as provided in this act.
(d) "Perinatal hospice care" means comprehensive medical and
supportive care to a pregnant woman and her family that includes
support from the time of diagnosis of a life-limiting condition
through the time of birth and death of the child. Perinatal hospice
care includes, but is not limited to, care by maternal-fetal
medical specialists, obstetricians, neonatologists, anesthesia
specialists, clergy, social workers, and specialty nurses.
(e) "Qualified contributor" means a licensed medical
professional, an academic faculty member, other individual with
recognized knowledge or expertise regarding a prenatally
diagnosable medical condition, or an organization dedicated to
research, treatment, or support for individuals with a specific
medical condition.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.