HOUSE BILL NO. 5753

April 30, 2020, Introduced by Reps. Tyrone Carter and Cynthia Johnson and referred to the Committee on Health Policy.

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 5111 (MCL 333.5111), as amended by 2016 PA 64, and by adding section 5111a.

the people of the state of michigan enact:

Sec. 5111. (1) In carrying out its authority under this article, the department shall maintain a list of reportable diseases, infections, and disabilities that designates and classifies communicable, serious communicable, chronic, or noncommunicable diseases, infections, and disabilities. The department shall review and revise the list under this subsection at least annually.

(2) In carrying out its authority under this article, the department may promulgate rules to do any of the following:

(a) Establish Except as otherwise provided in section 5111a, establish requirements for reporting and other surveillance methods for measuring the occurrence of diseases, infections, and disabilities and the potential for epidemics. Rules promulgated under this subdivision may require a licensed health professional or health facility to submit to the department or a local health department, on a form provided by the department, a report of the occurrence of a communicable disease, serious communicable disease or infection, or disability. The rules promulgated under this subdivision may require a report to be submitted to the department not more than 24 hours after a licensed health professional or health facility determines that an individual has a serious communicable disease or infection.

(b) Investigate cases, epidemics, and unusual occurrences of diseases, infections, and situations with a potential for causing diseases.

(c) Establish procedures for controlling diseases and infections, including, but not limited to, immunization and environmental controls.

(d) Establish procedures for preventing, detecting, and treating disabilities and rehabilitating individuals suffering from disabilities or disease, including nutritional problems.

(e) Establish procedures for controlling rabies and the disposition of nonhuman agents carrying disease, including rabid animals.

(f) Establish procedures for reporting known or suspected cases of lead poisoning or undue lead body burden.

(g) Designate communicable diseases or serious communicable diseases or infections for which local health departments are required to furnish care, including, but not limited to, tuberculosis and sexually transmitted infection.

(h) Implement this part and parts 52 and 53, including, but not limited to, rules for discovering, caring for, and reporting an individual having or suspected of having a communicable disease or a serious communicable disease or infection, and establishing approved tests under section 5123 and approved prophylaxes under section 5125.

(3) The department shall promulgate rules providing for the confidentiality of reports, records, and data pertaining to testing, care, treatment, reporting, and research associated with communicable diseases and serious communicable diseases or infections.

Sec. 5111a. (1) The department shall promulgate rules establishing requirements for reporting the occurrence of a qualified disease during a state of emergency or state of disaster declared by the governor in response to the qualified disease and for 90-days after the expiration of the state of emergency or state of disaster. The rules promulgated under this section must require a hospital to submit to the department, on a form provided by the department, a report that contains all of the following information:

(a) Demographic data for each individual treated by the hospital who tests positive for the qualified disease or who died from the qualified disease.

(b) The number of individuals treated by the hospital who died from the qualified disease.

(c) The number of individuals who attempted to obtain treatment from the hospital for the qualified disease.

(d) The number of individuals admitted for the treatment of the qualified disease.

(e) The number of individuals who attempted to get tested at the hospital for the qualified disease and were turned away.

(2) The report described in this section must be submitted to the department in a time frame and manner required by the department.

(3) The department shall do all of the following with the information received by it under this section:

(a) Compile the information by county and by municipality.

(b) Publish the information on the department's website and update the information on its website on a daily basis.

(c) Report the information to the governor and to the house and senate standing committees on health policy.

(4) As used in this section:

(a) "Coronavirus" means coronavirus disease 2019 (COVID-19).

(b) "Demographic data" includes, but is not limited to, an individual's age, ethnicity, gender, and race.

(c) "Qualified disease" means coronavirus or another communicable disease or serious communicable disease or infection.