State Seal2 copy Bill Number: S.B. 1374

Barto Floor Amendment

Reference to: printed bill

Amendment drafted by: Leg Council

FLOOR AMENDMENT EXPLANATION

1. Applies and expands proposed requirements for crisis standards of care plans to related standards and guidelines established by the Department of Health Services.

2. Prohibits crisis standards of care plans, standards and guidelines from making discriminatory health care resource allocation decisions based on a person's disability, race, sex , age and other outlined characteristics.

3. Limits health care providers to only considering short-term survival when making health care resource allocation decisions.

4. Eliminates proposed language regarding the denial of care based on stereotypes and quality of life judgements.

5. Recasts proposed language regarding plan modifications.

6. Establishes the right of any patient, their family or their health care decision maker to appeal any triage decision.

7. Defines short-term survival.

8. Establishes representatives of the state protection and advocacy agency and advocates for the aged as members of the State Disaster Medical Advisory Committee (Committee), and authorizes the Committee to develop the crisis standards of care and other guidance for delivering health care and using medical resources during a public health emergency.

9. Makes technical and conforming changes.

Page 1, line 4, after "plan" insert "; crisis guidelines or standards"

Line 5, strike "plans" insert "plan, guidelines or standards; definition"

Line 7, after "plan" insert "or crisis guidelines or standards"

Line 9, after the comma strike remainder of line insert "the plan, guidelines or standards must include the following provisions:"

Line 12, strike the second "a" insert "the"

Between lines 13 and 14, insert:

"3. Decisions on the allocation of health care resources may not discriminate on the basis of disability, age, race, religion, sex, veteran status or income status."

Renumber to conform

Line 14, strike "only"; strike "the risk of imminent"

Line 15, strike "mortality" insert "only short-term survival when making decisions regarding the allocation of health care resources"

Strike lines 16 through 20

Line 21, strike "following when allocating" insert:

"5."; after "resources" insert "may not be allocated based on any of the following"

Line 22, strike "Using"

Line 23, strike "Considering" insert "Consideration of"

Line 24, strike "Using"

Line 25, strike "as a criterion"

Line 26, strike "The plan must require individual assessments to be made" insert "Each patient has the right to an individualized assessment"

Line 28, strike "a" insert "the"

Strike line 30

Page 1, line 31, strike "patients" insert:

"7. Persons"; after "aged" insert "have the right to reasonable modifications to ensure that all patients"

Line 32, after "including" insert "reasonable modification in patient assessment," after "communication" strike remainder of line

Strike lines 33 through 36, insert "and support needs due to disability or age."

Line 37, strike "The plan must require notice to be given to"; strike the second "a" insert "the"

Line 38, strike "regarding" insert "has"

Line 39, strike "and the details of the appeals process"

Line 41, strike "pressure or coerce" insert "require"

Page 2, line 2, after "plan" insert "or crisis guidelines or standards"

Between lines 3 and 4, insert:

"D. REpresentatives of the state protection and advocacy agency and advocates for the aged shall be members of the state disaster medical advisory committee, which is responsible for developing the crisis standards of care and other incident-specific priorities and guidance for delivering health care and using scarce medical resources during a public health emergency.

E. For the purposes of this section, "short-term survival" means a near-term survival from the episode of care that directly resulted from the illness or injury that required hospitalization."

Amend title to conform

1. Applies and expands proposed requirements for crisis standards of care plans to related standards and guidelines established by the Department of Health Services.

2. Prohibits crisis standards of care plans, standards and guidelines from making discriminatory health care resource allocation decisions based on a person's disability, race, sex , age and other outlined characteristics.

3. Limits health care providers to only considering short-term survival when making health care resource allocation decisions.

4. Eliminates proposed language regarding the denial of care based on stereotypes and quality of life judgements.

5. Recasts proposed language regarding plan modifications.

6. Establishes the right of any patient, their family or their health care decision maker to appeal any triage decision.

7. Defines short-term survival.

9. Makes technical and conforming changes.

Fifty-fifth Legislature Barto

NANCY BARTO

1374FloorBARTO

03/05/2021

02:25 PM

C: MH