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2013 Senate Bill 165: Require disclosure of medical futility policies

Public Act 57 of 2013

  1. Introduced by Sen. Jim Marleau (R) on February 7, 2013, to require a hospital, health facility or agency that maintains a written policy that encourages or allows a health care professional to withhold or discontinue treatment on the grounds of "medical futility," and applies this policy to the treatment of minors, to provide a copy of the policy to the patient, parent or legal guardian upon request.
    • Referred to the Senate Health Policy Committee on February 7, 2013.
      • Reported in the Senate on March 19, 2013, with the recommendation that the substitute (S-1) be adopted and that the bill then pass.
    • Substitute offered in the Senate on March 21, 2013, to not limit the proposed disclosure requirements to policies for minors. The substitute passed by voice vote in the Senate on March 21, 2013.
  2. Passed 36 to 0 in the Senate on April 9, 2013, to require a hospital, health facility or agency that maintains a written policy that encourages or allows a health care professional to withhold or discontinue treatment on the grounds of "medical futility" to provide a copy of the policy to the patient or resident upon request.
    Who Voted "Yes" and Who Voted "No"

  3. Received in the House on April 9, 2013.
    • Referred to the House Health Policy Committee on April 9, 2013.
      • Reported in the House on May 14, 2013, with the recommendation that the substitute (H-2) be adopted and that the bill then pass.
    • Substitute offered in the House on May 21, 2013. The substitute passed by voice vote in the House on May 21, 2013.
    • Amendment offered by Rep. Gail Haines (R) on May 21, 2013, to clarify the application of the proposal to patients who are children. The amendment passed by voice vote in the House on May 21, 2013.
  4. Passed 108 to 0 in the House on May 22, 2013, to require a hospital, health facility or agency that maintains a written policy that encourages or allows a health care professional to withhold or discontinue treatment on the grounds of "medical futility" to provide a copy of the policy to the patient or resident upon request.
    Who Voted "Yes" and Who Voted "No"

  5. Received in the Senate on May 23, 2013.
  6. Passed 36 to 0 in the Senate on May 29, 2013, to concur with the House-passed version of the bill.
    Who Voted "Yes" and Who Voted "No"

  7. Signed by Gov. Rick Snyder on June 11, 2013.

Comments

Re: 2013 Senate Bill 165 (Revise withholding futile medical care to minors disclosure )  by Admin003 on April 11, 2013 
Senator Hunter asked and was granted unanimous consent to make a statement and moved that the statement be printed
in the Journal.
The motion prevailed.
Senator Hunter’s statement is as follows:
I rise today to support this legislation that is before us to require a health facility or agency to provide information in
writing upon request related to their policies on life-sustaining treatment and denial of treatment deemed nonbeneficial.
I was proud to co-sponsor this legislation, and I urge you all to vote in support of it today.
The need for this bill was brought to my attention by an unfortunate incident involving a Michigan resident and his infant
daughter. This baby girl was born with a genetic birth defect called trisomy 18 that occurs in roughly 1 out of 2,500 births.
She was also diagnosed with a hole in her heart. An initial consultation with her cardiologist determined the heart problem
could be fixed. We are talking about a baby girl who was diagnosed with serious health problems, including a hole in her
heart, and so I think this little girl has deserved the attention of this body today.
An initial consultation with a cardiologist determined the heart problem could be fixed, but after learning that the girl
also had this disease that we just mentioned, the doctor advised the child’s family that nothing should be done based on the
diagnosis. It is harsh for any parent to hear that their child’s care is considered medically futile, useless, or unnecessary,
and it is even worse when facilities are not forthright with these policies. The same goes for any other patient who is told
so directly that their care has been deemed nonbeneficial.
A patient and their loved ones, especially a parent of a young child fighting for their life, deserves to pursue any and every
care at their disposal. If one doctor or hospital decides that is useless to pursue, they will surely seek care from someone
or somewhere else that isn’t willing to give up so easily. This legislation will save these families and patients’ time, money,
and heartache by being told upfront about a facility’s medical futility policy.
I urge you all to think about how difficult these situations are, and support this bill to make it easier on parents and
patients seeking ambitious and aggressive care.

2013 Senate Bill 165 (Revise withholding futile medical care to minors disclosure )  by admin on February 15, 2013 
Introduced in the Senate on February 7, 2013

Click here to view bill details.

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