reglab/housing_qa huggingface dataset:
MI Comp L § 333.21716 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e)|Section 333.21716 - Nursing Home; Influenza Vaccination.

333.21716 Nursing home; influenza vaccination. Sec. 21716.  A nursing home shall offer each resident, or shall provide each resident with information and assistance in obtaining, an annual vaccination against influenza in accordance with the most recent recommendations of the advisory committee on immunization practices of the federal centers for disease control and prevention, as approved by the department of community health. History: Add. 2000, Act 437, Imd. Eff. Jan. 9, 2001 Popular Name: Act 368
MI Comp L § 333.21717 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e)|Section 333.21717 - Care of Certain Individuals in Nursing Home; Approval of Area and Program; Definitions.

333.21717 Care of certain individuals in nursing home; approval of area and program; definitions.Sec. 21717.  (1) An individual shall not be admitted or retained for care in a nursing home if any of the following apply:  (a) The individual requires special medical or surgical treatment, or treatment for acute mental illness, developmental disability, communicable tuberculosis, or a communicable disease, unless the home is able to provide an area and a program for the care. The department shall approve both the area and the program.  (b) The individual has tested positive for coronavirus, is currently receiving treatment at a hospital, and has less than 72 hours remaining in the individual's overall isolation period as described in guidelines established by the federal Centers for Disease Control and Prevention. However, if the hospital determines that it has reached surge capacity, this subdivision does not apply.  (c) Except as otherwise provided in subsection (2), beginning November 15, 2020, the individual has tested positive for coronavirus unless any of the following apply:  (i) The individual has since recovered from coronavirus.  (ii) The nursing home is a care and recovery center.  (iii) The nursing home demonstrates to the department of health and human services that it meets the requirements described in section 5145(1)(e) to accept an individual who has tested positive for coronavirus within the approved designated area of the nursing home.  (2) If, by November 15, 2020, the department of health and human services has not implemented the process for the creation of care and recovery centers within nursing homes as described in section 5145(1)(d), a nursing home may admit or retain for care an individual who has tested positive for coronavirus until the date that the process is implemented by the department of health and human services and for up to 30 days thereafter.  (3) As used in this section:   (a) "Care and recovery center" means a care and recovery center described in section 5145.  (b) "Coronavirus" means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2014, Act 66, Imd. Eff. Mar. 28, 2014 ;-- Am. 2020, Act 231, Imd. Eff. Oct. 22, 2020 Popular Name: Act 368
MI Comp L § 333.21718 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e)|Section 333.21718 - Conditions of Skilled Nursing Facility Certification and Participation in Title 19 Program; Exception; Exemption.

333.21718 Conditions of skilled nursing facility certification and participation in title 19 program; exception; exemption.Sec. 21718.  (1) Except as provided in subsections (3) and (4), as a condition of skilled nursing facility certification and participation in the title 19 program of the social security act, 42 USC 1396 to 1396w-5, a nursing home shall be concurrently certified for and give evidence of active participation in the title 18 program of the social security act, 42 USC 1395 to 1395kkk-1. A nursing facility that is not concurrently certified for the title 18 program on March 30, 1979 shall make application for concurrent certification not later than its next application for licensure and certification. A failure to make application shall result in the skilled nursing facility being decertified or refused certification as a provider in the title 19 program. Nursing home or nursing care facility participation in the title 18 program under the requirements for concurrent certification shall be effective not later than the beginning of the first accounting year following the home's or facility's title 18 certification.   (2) As a condition of skilled nursing facility certification, a nursing home shall obtain concurrent certification under title 19 of the social security act, 42 USC 1396 to 1396w-5, for each bed that is certified to provide skilled care under title 18 of the social security act, 42 USC 1395 to 1395kkk-1. Skilled care certification shall not be renewed unless the requirements of this subsection are met.  (3) An exception may be made from the requirements of subsection (1) for a nursing facility that is currently certified as a skilled nursing facility by the director for title 19 participation but has been determined, after making application, to be ineligible for title 18 certification by the secretary of the United States department of health and human services.  (4) A home or facility, or a distinct part of a home or facility, certified by the director as a special mental illness or a special developmental disability nursing home or nursing care facility is exempt from the requirements of subsection (1). History: Add. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 2014, Act 66, Imd. Eff. Mar. 28, 2014 Popular Name: Act 368
MI Comp L § 333.21719 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e)|Section 333.21719 - Immediate Access to Acute Care Facilities.

333.21719 Immediate access to acute care facilities. Sec. 21719.  A nursing home shall not be licensed under this part unless the nursing home has formulated, and is prepared to implement, insofar as possible, a plan to provide immediate access to acute care facilities for the emergency care of patients. History: Add. 1978, Act 493, Eff. Mar. 30, 1979 Popular Name: Act 368
MI Comp L § 333.21720 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e)|Section 333.21720 - Nursing Home Administrator Required.

333.21720 Nursing home administrator required. Sec. 21720.  (1) The department shall not license a nursing home under this part unless that nursing home is under the direction of a nursing home administrator licensed under article 15.  (2) Each nursing home having 50 beds or more shall have a full-time licensed nursing home administrator. If a nursing home changes nursing home administrators, the nursing home immediately shall notify the department of the change. History: Add. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 2001, Act 139, Imd. Eff. Oct. 26, 2001 Popular Name: Act 368
MI Comp L § 333.21720a (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e)|Section 333.21720a - Director of Nursing; Nursing Personnel; Effective Date of Subsection (1); Natural Disaster or Other Emergency.

333.21720a Director of nursing; nursing personnel; effective date of subsection (1); natural disaster or other emergency. Sec. 21720a.  (1) A nursing home shall not be licensed under this part unless that nursing home has on its staff at least 1 registered nurse with specialized training or relevant experience in the area of gerontology, who shall serve as the director of nursing and who shall be responsible for planning and directing nursing care. The nursing home shall have at least 1 licensed nurse on duty at all times and shall employ additional registered and licensed practical nurses in accordance with subsection (2). This subsection shall not take effect until January 1, 1980.  (2) A nursing home shall employ nursing personnel sufficient to provide continuous 24-hour nursing care and services sufficient to meet the needs of each patient in the nursing home. Nursing personnel employed in the nursing home shall be under the supervision of the director of nursing. A licensee shall maintain a nursing home staff sufficient to provide not less than 2.25 hours of nursing care by employed nursing care personnel per patient per day. The ratio of patients to nursing care personnel during a morning shift shall not exceed 8 patients to 1 nursing care personnel; the ratio of patients to nursing care personnel during an afternoon shift shall not exceed 12 patients to 1 nursing care personnel; and the ratio of patients to nursing care personnel during a nighttime shift shall not exceed 15 patients to 1 nursing care personnel and there shall be sufficient nursing care personnel available on duty to assure coverage for patients at all times during the shift. An employee designated as a member of the nursing staff shall not be engaged in providing basic services such as food preparation, housekeeping, laundry, or maintenance services, except in an instance of natural disaster or other emergency reported to and concurred in by the department. In a nursing home having 30 or more beds, the director of nursing shall not be included in counting the minimum ratios of nursing personnel required by this subsection.  (3) In administering this section, the department shall take into consideration a natural disaster or other emergency. History: Add. 1978, Act 493, Eff. Mar. 30, 1979 Popular Name: Act 368
MI Comp L § 333.21720b (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e)|Section 333.21720b - Agreement With County Community Mental Health Program.

333.21720b Agreement with county community mental health program. Sec. 21720b.  A nursing home shall not be licensed under this part unless that nursing home has entered into an agreement with the county community mental health program, if available, that will service the mental health needs of the patients of the nursing home. History: Add. 1978, Act 493, Eff. Mar. 30, 1979 Popular Name: Act 368
MI Comp L § 333.21721 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e)|Section 333.21721 - Bond Required.

333.21721 Bond required. Sec. 21721.  (1) Before issuance or renewal of a nursing home license under this article, the owner, operator, or governing body of the nursing home shall give a bond and provide evidence of a patient trust fund in an amount consistent with subsection (2) and with the surety the department approves. The bond shall be conditioned that the applicant shall hold separately in the trust fund all patients' funds deposited with the applicant, shall administer the funds on behalf of the patient in the manner directed by the depositor, shall render a true and complete account to the patient not less than once each 3 months, to the depositor when requested, and to the department of public health and the department of social services, when requested. Upon termination of the deposit, the applicant shall account for all funds received, expended, and held on hand. The bond shall insure the department of public health, for the benefit of the patients.  (2) The bond shall be in an amount equal to not less than 1-1/4 times the average balance of patient funds held during the previous year. The department may require an additional bond, or permit the filing of a bond in a lower amount, if the department determines a change in the average balance has occurred or may occur. An applicant for a new license shall file a bond in an amount which the department estimates as 1-1/4 times the average amount of patient funds which the applicant, upon the issuance of the license, is likely to hold during the first year of operation. History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1978, Act 493, Eff. Mar. 30, 1979 Popular Name: Act 368
MI Comp L § 333.21731 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e)|Section 333.21731 - Licensee Considered Consumer of Tangible Personal Property.

333.21731 Licensee considered consumer of tangible personal property. Sec. 21731.  A licensee of a nursing home operated for profit is considered to be the consumer, and not the retailer, of the tangible personal property purchased and used or consumed in the operation of the home. History: 1978, Act 368, Eff. Sept. 30, 1978 Popular Name: Act 368
MI Comp L § 333.21733 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e)|Section 333.21733 - Repealed. 2009, Act 188, Eff. May 1, 2010.

333.21733 Repealed. 2009, Act 188, Eff. May 1, 2010. Compiler's Notes: The repealed section pertained to smoking policies in nursing homes.
MI Comp L § 333.21735 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e)|Section 333.21735 - Requirement of Emergency Generator System in Nursing Home.

333.21735 Requirement of emergency generator system in nursing home.Sec. 21735.  (1) A nursing home licensed under this article shall have, at a minimum, an emergency generator system that complies with existing state and federal law, including state and federal rules and regulations.  (2) A nursing home that fails to comply with this section is subject to a civil penalty as provided under existing state and federal law, including state and federal rules and regulations. History: Add. 2004, Act 397, Eff. Apr. 15, 2005 Popular Name: Act 368
MI Comp L § 333.21741 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e)|Section 333.21741 - Rules.

333.21741 Rules. Sec. 21741.  (1) The department of public health, after seeking advice and consultation from the department of social services, appropriate consumer and professional organizations, and concerned agencies, shall promulgate rules to implement and administer this part.  (2) Initial rules proposed under this part shall be submitted to a public hearing not later than 6 months after this section is enacted into law.  (3) In addition to the rules prescribed in section 20171, rules for nursing homes shall include the establishment of standards relating to:  (a) Complaint procedures.   (b) Discharges and transfers.  (c) Emergency procedures.  (d) Medical audit procedures.  (e) Patients' rights.  (f) Standards of patient care to be provided in nursing homes.  (g) Training, educational, and competency requirements of nursing home personnel other than licensed personnel.  (h) Utilization and quality control review procedures. History: Add. 1978, Act 493, Eff. Mar. 30, 1979 Popular Name: Act 368
MI Comp L § 333.21743 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e)|Section 333.21743 - Disclosures; Public Inspection.

333.21743 Disclosures; public inspection.  Sec. 21743.  (1) In addition to public records subject to disclosure under section 20175, the following information is subject to disclosure from the department of public health or the department of social services:  (a) Ownership of nursing homes, ownership of buildings occupied by nursing homes, and the names and addresses of suppliers and the ownership of suppliers of goods and services to nursing homes required to be reported under section 20142.   (b) Records of license and certification inspections, surveys, and evaluations of nursing homes, other reports of inspections, surveys, and evaluations of patient care, and reports concerning a nursing home prepared pursuant to titles 18 and 19 of the social security act, 42 U.S.C. 1395 to 1396k.  (c) Cost and reimbursement reports submitted by a nursing home, reports of audits of nursing homes, and other public records concerning costs incurred by, revenues received by, and reimbursement of nursing homes.  (d) Complaints filed against a nursing home and complaint investigation reports. A complaint or complaint investigation report shall not be disclosed to a person other than the complainant or complainant's representative before it is disclosed to a nursing home under section 21799a and a complainant's or patient's name shall not be disclosed except as provided in section 21799a.   (2) The department of public health, the department of social services and the nursing home shall respect the confidentiality of a patient's clinical record as provided in section 20175 and shall not divulge or disclose the contents of a record in a manner which identifies a patient, except upon a patient's death to a relative or guardian, or under judicial proceedings. This subsection shall not be construed to limit the right of a patient or a patient's representative to inspect or copy the patient's clinical record.  (3) Confidential medical, social, personal, or financial information identifying a patient shall not be available for public inspection in a manner which identifies a patient. History: Add. 1978, Act 493, Eff. Mar. 30, 1979 Popular Name: Act 368
MI Comp L § 333.21744 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e)|Section 333.21744 - Professional Advice and Consultation.

333.21744 Professional advice and consultation.  Sec. 21744.  The department shall provide to the applicant or licensee professional advice and consultation related to the quality of institutional or agency aspects of health care and services provided by the applicant or licensee. History: Add. 1978, Act 493, Eff. Mar. 30, 1979 Popular Name: Act 368
MI Comp L § 333.21751 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e)|Section 333.21751 - Emergency Petition to Place Nursing Home Under Control of Receiver; Appointment of Receiver; Use of Income and Assets; Major Structural Alteration; Consultation; Termination of Receivership; Accounting; Disposition of Surplus Funds.

333.21751 Emergency petition to place nursing home under control of receiver; appointment of receiver; use of income and assets; major structural alteration; consultation; termination of receivership; accounting; disposition of surplus funds. Sec. 21751.  (1) When the department has concluded a proceeding under sections 71 to 106 of the administrative procedures act of 1969, as amended, being sections 24.271 to 24.306 of the Michigan Compiled Laws, or when the department has suspended or revoked the license of a nursing home, the department, a patient in the facility, or a patient's representative may file an emergency petition with the circuit court to place the nursing home under the control of a receiver if necessary to protect the health or safety of patients in the nursing home. The court may grant the petition upon a finding that the health or safety of the patients in the nursing home would be seriously threatened if a condition existing at the time the petition was filed is permitted to continue.  (2) The court shall appoint as receiver the director of the department of social services, the director of the department of public health, or another state agency or person designated by the director of public health. The receiver appointed by the court shall use the income and assets of the nursing home to maintain and operate the home and to attempt to correct the conditions which constitute a threat to the patients. A major structural alteration shall not be made to the nursing home, unless the alteration is necessary to bring the nursing home into compliance with licensing requirements.  (3) To assist in the implementation of the mandate of the court, the receiver may request and receive reasonable consultation from the available personnel of the department.   (4) The receivership shall be terminated when the receiver and the court certify that the conditions which prompted the appointment have been corrected, when the license is restored, when a new license is issued, or, in the case of a discontinuance of operation, when the patients are safely placed in other facilities, whichever occurs first.  (5) Upon the termination of the receivership, the receiver shall render a complete accounting to the court and shall dispose of surplus funds as the court directs.  History: Add. 1978, Act 493, Eff. Mar. 30, 1979 Popular Name: Act 368
MI Comp L § 333.21755 (2021)
2021 Michigan Compiled Laws|Chapter 333 - Health|Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)|Article 17 - Facilities and Agencies (333.20101...333.22260)|368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e)|Section 333.21755 - Grounds for Refusal to Issue License.

333.21755 Grounds for refusal to issue license.Sec. 21755.  The department may refuse to issue a license to establish or maintain and operate, or both, a nursing home to an applicant if any of the following are met:  (a) An occupational, professional, or health agency license held by the applicant was revoked during the 5 years before the date of application.  (b) The department finds that the applicant is not suitable to operate a nursing home because of financial incapacity or a lack of good moral character or appropriate business or professional experience. As used in this subdivision, "good moral character" means good moral character as defined in, and determined under, 1974 PA 381, MCL 338.41 to 338.47. History: Add. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 2020, Act 371, Eff. Apr. 4, 2021 Popular Name: Act 368