Tuesday, December 4, 2012

Michigan to Mandate Disclosure of Medical Futility Policies

In October, I observed that a bill was introduced in the Michigan House that would mandate the disclosure of futility policies when they might be applied to minor patients.  A few days ago, HB 6070 was introduced by a different Representative to achieve the same thing.  Here is the key provision:
A HEALTH FACILITY OR AGENCY THAT ADOPTS OR  IMPLEMENTS A FUTILITY POLICY THAT APPLIES TO THE TREATMENT OF A  CHILD FROM BIRTH TO 18 YEARS OF AGE MUST DISCLOSE THAT FUTILITY  POLICY TO THE CHILD'S PARENT OR GUARDIAN WHEN THE HEALTH FACILITY  OR AGENCY IDENTIFIES THE NEED FOR A FORMAL PROCESS TO ADDRESS  CONCERNS OVER THE PROPOSED TREATMENT OF A CHILD. THE HEALTH  FACILITY OR AGENCY MUST, UPON REQUEST OF THE PARENT OR GUARDIAN OF A PATIENT OR PROSPECTIVE PATIENT, PROVIDE A COPY OF THE FUTILITY  POLICY IN PLACE AT THE HEALTH FACILITY OR AGENCY AT THE TIME THE  REQUEST IS MADE. 

The bill also defines the key terms:

"FUTILITY POLICY" MEANS ANY WRITTEN POLICY THAT ENCOURAGES OR ALLOWS A HEALTH FACILITY OR AGENCY EMPLOYEE, OR OTHER MEDICAL PROFESSIONAL WHO PROVIDES CARE TO PATIENTS AT A HEALTH FACILITY OR AGENCY, TO WITHHOLD OR DISCONTINUE TREATMENT FOR A PATIENT ON THE  GROUNDS OF MEDICAL FUTILITY. 
"MEDICAL FUTILITY" MEANS A JUDGMENT THAT FURTHER MEDICAL TREATMENT OF A PATIENT WOULD HAVE NO USEFUL RESULT


2 comments:

  1. Still confused about this part: "...APPLIES TO THE TREATMENT OF A CHILD FROM BIRTH TO 18 YEARS OF AGE."

    Wouldn't any hospital futility policy not otherwise delimited apply to all patients? Why does the bill include this verbiage in your opinion?

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  2. I think the case that prompted the pro-life group that lobbied for this legislation (in MI, in MN) originated in a children's hospital case.

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