HomeMy WebLinkAboutReports - 2024.04.11 - 41125
AGENDA ITEM: Agreement with Gift of Life of Michigan and Eversight
DEPARTMENT: Public Services - Medical Examiner
MEETING: Board of Commissioners
DATE: Thursday, April 11, 2024 6:31 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2024-3960
Motion to approve the attached Organ and Tissue Procurement Agreement between Gift of Life of
Michigan, Eversight, and the County of Oakland for the referral of the deceased for organ/tissue
donation; further, authorize the Chair of the Board of Commissioners to execute the agreement.
ITEM CATEGORY SPONSORED BY
Contract Penny Luebs
INTRODUCTION AND BACKGROUND
Pursuant to MCL 52.209(i) “if contacted by the federally designated organ procurement organization
or other procurement organization, or both, the county medical examiner shall enter into an
agreement with the federally designated organ procurement organization and other procurement
organization that coordinates the recovery and allocation of anatomical donations in that county.”
The Oakland County Medical Examiner’s Office has been contacted by Gift of Life of Michigan and
Eversight to establish an agreement. This agreement shall remain in effect of two (2) years from the
date the agreement is executed by all parties or until canceled or terminated by any of the parties
pursuant to the terms of the Agreement.
The Corporation Counsel has reviewed and approved the organ and tissue procurement agreement.
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
248.425.5572 or andrewsmb@oakgov.com or the department contact persons listed for additional
information.
CONTACT
Cas Miarka, Medical Examiner Administrator
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 4/11/2024
AGENDA DEADLINE: 04/21/2024 6:31 PM
ATTACHMENTS
1. ME Agmt Oakland County 3-5-2024
COMMITTEE TRACKING
2024-04-02 Public Health & Safety - Recommend to Board
2024-04-11 Full Board - Adopt
Motioned by: Commissioner Michael Gingell
Seconded by: Commissioner Penny Luebs
Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Kristen Nelson, Christine
Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson,
Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson Gault,
Linnie Taylor (17)
No: None (0)
Abstain: None (0)
Absent: Karen Joliat, William Miller III (2)
Passed
ORGAN AND TISSUE PROCUREMENT AGREEMENT
THIS ORGAN AND TISSUE PROCUREMENT AGREEMENT (the “Agreement”) is
effective as of the _____ day of ________________, 2024 (the "Effective Date") among GIFT
OF LIFE MICHIGAN, a Michigan non-profit corporation (“GOLM”), EVERSIGHT, a Michigan non-
profit corporation, and the County of OAKLAND, Michigan, located at 1200 N. Telegraph Road,
Pontiac, MI 48341.
RECITALS
A. GOLM is the Organ Procurement Organization designated by the U.S. Department of
Health and Human Services as authorized under the National Organ Transplant Act (Title
42, United States Code, Section 273) to provide a single, coordinated organ and tissue
recovery program to support all the organ transplantation programs that serve residents
of the State of Michigan;
B. EVERSIGHT is an eye bank accredited by the Eye Bank Association of America and
registered with the U.S. Food and Drug Administration;
C. Michigan Public Act 2005 P.A. 176 (“P.A. 176”) requires, among other things, that, at the
request of GOLM, county medical examiners enter into agreements with GOLM and
EVERSIGHT that coordinate the recovery and allocation of anatomical donation
opportunities that are identified by medical examiners. The parties enter into this
Agreement pursuant to, and to satisfy their obligations under, P.A. 176.
D. This Agreement applies to all non-hospital deaths in which the MEDICAL EXAMINER is
involved.
NOW, THEREFORE, in consideration of the foregoing, and the terms, covenants and
conditions hereinafter set forth, the parties agree as follows;
1. Definitions.
a. The term “COUNTY” shall mean the County of Oakland, Michigan.
b. The term “MEDICAL EXAMINER” shall include the person designated by
the County as its Medical Examiner and all assistant or associate medical examiners for the
County and all other persons designated by the County’s Medical Examiner as responsible for
compliance with P.A. 176.
2. Non-Hospital Death Referrals. The MEDICAL EXAMINER will make a timely
notification to GOLM, whether electronically via automated referral or using GOLM’s 24 hour toll-
free telephone number (1-800-482-4881), when the MEDICAL EXAMINER becomes aware of the
existence of a death outside of a hospital that is suitable for tissue and/or eye donation as
determined according to the standards attached hereto as Exhibit A, as may be amended from
time to time by GOLM and provided to MEDICAL EXAMINER. GOLM agrees to be responsible
for the cost of any application programming interfaces (API’s) or other software it provides to
COUNTY and MEDICAL EXAMINER to automate electronic referrals.
3. Tissue Cases Involving Law Enforcement. The MEDICAL EXAMINER, GOLM,
and EVERSIGHT acknowledge that potential tissue donors that die by homicide or those that are
in police custody and die in a hospital will be transported to the MEDICAL EXAMINER for an
autopsy prior to tissue recovery. COUNTY and MEDICAL EXAMINER agree to cooperate with
GOLM and EVERSIGHT to promote recovery of authorized tissues within required timeframes.
4. Referral Response. Qualified staff from GOLM and EVERSIGHT shall respond to
referrals from the MEDICAL EXAMINER by (i) requesting authorization from potential donors'
family, or determining the existence of a previously executed document of consent for organ or
tissue donation; (ii) conducting or directing all necessary donor evaluations and supportive care
to determine medical suitability for organ or tissue donation; (iii) coordinating the surgical recovery
of organs, tissues, and eyes by qualified surgical teams; and (iv) arranging for the preservation,
distribution, and transportation of organs, tissue, and corneas to tissue banks or transplant
centers.
5. Notice to Medical Examiner. Upon receipt of any notice by GOLM or
EVERSIGHT of the intent to recover organs, tissues, and/or eyes for transplant, the MEDICAL
EXAMINER will undertake all necessary protocols under MCL §52.202, Section 2. (1), to
investigate the cause and manner of the death. MEDICAL EXAMINER also agrees to draw blood
upon request, but will only release such specimen(s) upon GOLM and/or EVERSIGHT’s receipt
of authorization.
6. Release of Information. The MEDICAL EXAMINER shall release to GOLM or
EVERSIGHT any information in the possession of the MEDICAL EXAMINER that is necessary
for GOLM and EVERSIGHT to identify potential organ, tissue, or eye donors and request
authorization for such donations. Except as required by law, GOLM and EVERSIGHT shall
maintain all such information in confidence, and they will not use or disclose that information to
any third party for any purpose other than as necessary for the protection of health care workers
involved with the donation, and for the procurement of donated organs and tissues for
transplantation, therapy, education or research, if so authorized.
7. Autopsy Reports. Upon receipt of a written or electronic request, the MEDICAL
EXAMINER will provide GOLM with written autopsy reports, or other requested records upon
completion.
8. Responsibility for Donation Requests. All discussions and requests regarding
the option of organ, tissue, and eye donation with any individual having authority to make a gift
under Section 10102 of the Michigan Public Health Code (MCLA §333.10102a) shall be handled
by a qualified organ and/or tissue/eye staff member provided by GOLM or EVERSIGHT.
9. Coordination with Medical Examiner Investigation. When a non-hospital death
reported by MEDICAL EXAMINER is determined by GOLM and/or EVERSIGHT to be a candidate
for tissue and/or eye donation and is also identified by MEDICAL EXAMINER as a death requiring
an investigation into the cause and manner of death, GOLM and MEDICAL EXAMINER will
coordinate the timing of the autopsy and the tissue recovery so that the tissue recovery can occur
without compromising the MEDICAL EXAMINER investigation. GOLM or EVERSIGHT, and their
authorized agents, may transport the body, at the expense of GOLM and/or EVERSIGHT, to a
designated health care or appropriate facility for recovery. After the recovery, the body may be
moved to a medical examiner facility or funeral home at the direction of the MEDICAL EXAMINER,
legal next-of-kin or person in charge of funeral arrangements.
10. Use of Facilities. If facilities are available, the MEDICAL EXAMINER may permit
GOLM or EVERSIGHT recovery teams to use the MEDICAL EXAMINERS’ facilities for the
purpose of surgical recovery of organs, tissues and eyes.
11. Surgical Recovery of Tissues. All, tissues and eyes shall be surgically removed
from donors by representatives of GOLM and/or EVERSIGHT. Recovered organs, tissues, and
eyes will be the responsibility of GOLM or EVERSIGHT.
12. Reimbursement. GOLM shall reimburse COUNTY for extraordinary costs
incurred by the MEDICAL EXAMINER in accordance with Exhibit B, attached hereto.
13. Recovery Personnel. GOLM and EVERSIGHT shall utilize only qualified, trained
individuals when performing organ, tissue, or eye recovery.
14. Training. GOLM and EVERSIGHT shall provide the MEDICAL EXAMINER with
professional education programs, at no cost to the MEDICAL EXAMINER, on a continuing basis
in order to maintain an optimal donor program.
15. Term. This Agreement shall be in effect for an initial term of 2 years. Upon
expiration, the term shall automatically renew for additional 2 year terms, unless or until the
Agreement is terminated by any party upon 90 days written notice to the other parties.
Termination of this Agreement does not relieve any party of its obligation to comply with P.A. 176.
16. Notice to Medical Examiner’s Staff. In order to facilitate the identification of
potential organ, tissue, or eye donors in accordance with this Agreement, the MEDICAL
EXAMINER shall communicate the terms of this Agreement to all assistant medical examiners
and other persons on the MEDICAL EXAMINERS’ staff. Orientation and training by GOLM and
EVERSIGHT in accordance with Section 14 will be made available to MEDICAL EXAMINER,
assistant medical examiners and other persons on MEDICAL EXAMINER’s staff.
17. Authority. Upon request, GOLM and EVERSIGHT agree to send MEDICAL
EXAMINER signed authorizations and/or written requests prior to the MEDICAL EXAMINER
undertaking action on behalf of GOLM or EVERSIGHT.
18. Compliance with Laws. The parties shall comply with all relevant state and
federal laws and regulations applicable to organ, tissue, and eye donation and recovery. The
parties shall further comply with all other laws and regulations applicable to the performance of
their obligations under this Agreement.
19. Indemnity. Each party shall be responsible for the acts or omissions of its
employees, servants or agents in the performance or nonperformance of its obligations under this
agreement, where such acts or omissions were rendered on behalf or at the direction of such
party.
20. Authority to Disclose Information. The parties acknowledge that 45 CFR
§164.512(h) permits the use of and disclosure by MEDICAL EXAMINER to GOLM and
EVERSIGHT of “Protected Health Information” in connection with the performance of services
covered by this Agreement.
21. Entire Agreement. This Agreement contains the entire agreement of the parties
and may only be amended by the mutual, written agreement of the parties.
22. Applicable Law. This Agreement shall be governed by Michigan law and by
applicable federal law.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set
forth above.
GIFT OF LIFE MICHIGAN COUNTY OF OAKLAND, MICHIGAN
By: By:
Ladora A. Dils
President/Chief Executive Officer Name:
Title:
EVERSIGHT
By:
Diane Hollingsworth
President/Chief Executive Officer
Exhibit A
Non-Hopsital Death Criteria & Referral Form
Exhibit B
Medical Examiner Fee Schedule