reglab/housing_qa huggingface dataset:
MI Comp L § 333.21757 (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 333.21757 - Provisional License.

333.21757 Provisional license. Sec. 21757.  (1) The department may issue a 1-year provisional license, renewable for not more than 1 additional year, to an applicant whose services are needed in the community but who is temporarily unable to comply with the rules related to the physical plant of the facilities, excluding maintenance problems. At the time a provisional license is granted, specific deadlines for the correction of each physical plant violation shall be established.   (2) A provisional license shall not be issued for a nursing home constructed, established, or changing corporate ownership or management after the effective date of this section unless it is shown that unusual hardship would result to the public or to the applicant for the provisional license and the nursing home was licensed and operating under a prior licensing act for not less than 5 years. History: Add. 1978, Act 493, Eff. Mar. 30, 1979 Popular Name: Act 368
MI Comp L § 333.21761 (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 333.21761 - Certification of Nondiscrimination; Violation of Rights; Giving Preference to Members of Religious or Fraternal Institution or Organization.

333.21761 Certification of nondiscrimination; violation of rights; giving preference to members of religious or fraternal institution or organization. Sec. 21761.  (1) In addition to the requirements of section 20152, a licensee shall certify annually to the department, as part of its application for licensure and certification, that all phases of its operation, including its training program, are without discrimination against persons or groups of persons on the basis of race, religion, color, national origin, sex, age, disability, marital status, sexual preference, or the exercise of rights guaranteed by law, including freedom of speech and association. If the department finds a violation of rights enumerated in this section, the department shall direct the administrator of the nursing home to take the necessary action to assure that the nursing home is, in fact, operated in accordance with the rights listed in this section.  (2) This section shall not be construed to prevent a nursing home operated, supervised, or controlled by a religious or fraternal institution or organization from giving preference to applicants who are members of that religious or fraternal institution or organization. History: Add. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 1998, Act 88, Imd. Eff. May 13, 1998 Popular Name: Act 368
MI Comp L § 333.21764 (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 333.21764 - Approval or Disapproval of Nonprofit Corporation Rendering Assistance Without Charge; Appeal; Decision.

333.21764 Approval or disapproval of nonprofit corporation rendering assistance without charge; appeal; decision. Sec. 21764.  (1) The director, with the advice of the nursing home task force, shall approve or disapprove a nonprofit corporation which has as 1 of its primary purposes the rendering of assistance, without charge to nursing home patients for the purpose of obtaining access to nursing homes and their patients under section 21763.   (2) Upon receipt of a written application for approval under subsection (1), the director shall notify all persons who have made a written request for notice of applications made under this section.  (3) The director shall approve the organization making the request if the organization is a bona fide community organization or legal aid program, is capable of providing 1 or more of the services listed in section 21763, and is likely to utilize the access provided under section 21763 to enhance the welfare of nursing home patients. The director shall approve or disapprove the organization within 30 days after receiving the application.  (4) A person aggrieved by the decision of the director may appeal the decision to the nursing home task force. A decision of the task force shall be binding on the director.  History: Add. 1978, Act 493, Eff. Mar. 30, 1979 Popular Name: Act 368
MI Comp L § 333.21765 (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 333.21765 - Policies and Procedures; Copy of Rights Enumerated in MCL 333.20201; Reading or Explaining Rights; Staff Observance of Rights, Policies, and Procedures.

333.21765 Policies and procedures; copy of rights enumerated in MCL 333.20201; reading or explaining rights; staff observance of rights, policies, and procedures.Sec. 21765.  (1) A nursing home shall establish written policies and procedures to implement the rights protected under section 20201. The policies shall include a procedure for the investigation and resolution of patient complaints. The policies and procedures shall be subject to approval by the department. The policies and procedures shall be clear and unambiguous, shall be printed in not less than 12-point type, shall be available for inspection by any person, shall be distributed to each patient and representative, and shall be available for public inspection.  (2) Each patient shall be given a copy of the rights enumerated in section 20201 at the time of admission to a nursing home. A patient of a nursing home at the time of the implementation of this section shall be given a copy of the rights enumerated in section 20201 as specified by rule.  (3) A copy shall be given to a person who executes a contract pursuant to section 21766 and to any other person who requests a copy.  (4) If a patient is unable to read the form, it shall be read to the patient in a language the patient understands. In the case of a developmentally disabled individual, the rights shall be explained in a manner that the person is able to understand and the explanation shall be witnessed by a third person. In the case of a minor or a person who has a legal guardian, both the patient and the parent or legal guardian shall be fully informed of the policies and procedures.  (5) A nursing home shall ensure that its staff is familiar with and observes the rights enumerated in section 20201 and the policies and procedures established under this section. 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 § 333.21765a (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 333.21765a - Certain Admission Conditions Prohibited; Enforcement of Contract Provisions or Agreements in Conflict With Subsections (1) and (2).

333.21765a Certain admission conditions prohibited; enforcement of contract provisions or agreements in conflict with subsections (1) and (2). Sec. 21765a.  (1) A nursing home shall not require an applicant, as a condition of admission, to waive his or her right to benefits under medicare or medicaid, to give oral or written assurance that the applicant is not eligible for medicare or medicaid, or to give oral or written assurance that the applicant will not apply for benefits under medicare or medicaid.   (2) A nursing home shall not require any of the following as a condition of an applicant's admission or a patient's continued residency at that nursing home:  (a) That an applicant or patient remain a private pay patient for a specified period of time before applying for medicaid.  (b) That a person pay on behalf of an applicant or patient the private pay rate for a specified period of time before the applicant or patient applies for medicaid.  (c) That an applicant, patient, or other person make a gift or donation on behalf of that applicant or patient.  (3) As of the effective date of this section, a contract provision or agreement in conflict with subsection (1) or (2), whether made before, on, or after the effective date of this section, is unenforceable.  (4) Not later than 30 days after the effective date of this section, a nursing home that participates in medicaid shall provide written notice to each private pay patient subject to a contract provision or agreement in conflict with subsection (1) or (2) that the contract provision or agreement is no longer a bar to the patient applying for medicaid. History: Add. 1994, Act 73, Imd. Eff. Apr. 11, 1994 Popular Name: Act 368
MI Comp L § 333.21767 (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 333.21767 - Guardian, Trustee, Conservator, Patient's Representative, or Protective Payee for Patient; Receipt for Money or Property of Patient; Statement of Funds.

333.21767 Guardian, trustee, conservator, patient's representative, or protective payee for patient; receipt for money or property of patient; statement of funds. Sec. 21767.  (1) A nursing home, or an owner, administrator, employee, or representative of a nursing home shall not act as guardian, trustee, conservator, patient's representative, or protective payee for a patient, except as provided in subsection (2).  (2) Subject to the bonding requirements of section 21721, money or other property belonging or due a patient which is received by a nursing home shall be received as trust funds or property, shall be kept separate from the funds and property of the nursing home and other patients, and shall be disbursed only as directed by the patient. A written receipt shall be given to a patient whose money or other property is received by a nursing home. Upon request, but not less than once every 3 months, the nursing home shall furnish the patient a complete and verified statement of the funds or other property received by the nursing home. The statement shall contain the amounts and items received, the sources, the disposition, and the date of each transaction. The nursing home shall furnish a final statement not later than 10 days after the discharge of a patient. History: Add. 1978, Act 493, Eff. Mar. 30, 1979 Popular Name: Act 368
MI Comp L § 333.21771 (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 333.21771 - Abusing, Mistreating, or Neglecting Patient; Reports; Investigation; Retaliation Prohibited; Exception to Report Requirement; Time Frame for Reporting.

333.21771 Abusing, mistreating, or neglecting patient; reports; investigation; retaliation prohibited; exception to report requirement; time frame for reporting.Sec. 21771.  (1) A licensee, nursing home administrator, or employee of a nursing home shall not physically, mentally, or emotionally abuse, mistreat, or harmfully neglect a patient.  (2) A nursing home employee who has reasonable suspicion of an act prohibited by this section shall report the suspicion to the nursing home administrator or nursing director and to the department in the manner required by subsection (8). A nursing home administrator or nursing director who has reasonable suspicion of an act prohibited by this section shall report the suspicion by telephone to the department and 1 or more law enforcement entities in the manner required by subsection (8).  (3) Any individual may report a violation of this section to the department.  (4) A physician or other licensed health care personnel of a hospital or other health care facility to which a patient is transferred who has reasonable suspicion of an act prohibited by this section shall report the suspicion to the department and 1 or more law enforcement entities in the manner required by subsection (8).  (5) Upon receipt of a report made under this section, the department shall make an investigation. The department may require the individual making the report to submit a written report or to supply additional information, or both.  (6) A nursing home employee, licensee, or nursing home administrator shall not evict, harass, dismiss, or retaliate against a patient, a patient's representative, or an employee who makes a report under this section.  (7) An individual required to report an act or a reasonable suspicion under subsections (2) to (4) is not required to report the act or suspicion to the department or 1 or more local law enforcement entities if the individual knows that another individual has already reported the act or suspicion as required by this section.  (8) An individual required to report a reasonable suspicion of an act prohibited by this section shall report the suspicion as follows:  (a) If the act that causes the suspicion results in serious bodily injury to the patient, the individual shall report the suspicion immediately, but not more than 2 hours after forming the suspicion.  (b) If the act that causes the suspicion does not result in serious bodily injury to the patient, the individual shall report the suspicion not more than 24 hours after forming the suspicion. History: Add. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 2012, Act 174, Imd. Eff. June 19, 2012 Popular Name: Act 368
MI Comp L § 333.21772 (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 333.21772 - Interference With Right to Bring Action or File Complaint Prohibited; Retaliation Prohibited.

333.21772 Interference with right to bring action or file complaint prohibited; retaliation prohibited. Sec. 21772.  The owner, administrator, employee, or representative of a nursing home shall not interfere with the right of a person to bring a civil or criminal action or to file a complaint with the department or other governmental agency with respect to the operation of the nursing home, nor discharge, harass, or retaliate against a person who does so or on whose behalf the action is taken. History: Add. 1978, Act 493, Eff. Mar. 30, 1979 Popular Name: Act 368
MI Comp L § 333.21774 (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 333.21774 - Involuntary Transfer or Discharge; Request for Hearing; Informal Hearing; Decision; Burden of Proof; Procedures; Time for Leaving Facility.

333.21774 Involuntary transfer or discharge; request for hearing; informal hearing; decision; burden of proof; procedures; time for leaving facility. Sec. 21774.  (1) A patient subject to involuntary transfer or discharge from a licensed nursing home shall have the opportunity to file a request for a hearing with the department within 10 days following receipt of the written notice of the involuntary transfer or discharge by the nursing home.  (2) The department of public health, when the basis for involuntary transfer or discharge is other than a negative action by the department of social services with respect to a medicaid client, shall hold an informal hearing in the matter at the patient's facility not sooner than 7 days after a hearing request is filed, and render a decision in the matter within 14 days after the filing of the hearing request.  (3) In a determination as to whether a transfer or discharge is authorized, the burden of proof rests on the party requesting the transfer or discharge. The hearing shall be in accordance with fair hearing procedures prescribed by rule.  (4) If the department determines that a transfer or discharge is authorized under section 21773, the patient shall not be required to leave the facility before the thirty-fourth day following receipt of the notice required under section 21773(2), or the tenth day following receipt of the department's decision, whichever is later. History: Add. 1978, Act 493, Eff. Mar. 30, 1979 Popular Name: Act 368
MI Comp L § 333.21775 (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 333.21775 - Continuation of Medicaid Funding During Appeal, Transfer, or Discharge Period.

333.21775 Continuation of medicaid funding during appeal, transfer, or discharge period. Sec. 21775.  The department of social services shall continue medicaid funding during the appeal, transfer, or discharge period as provided in section 21774 for those medicaid patients affected by section 21773.  History: Add. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 1994, Act 73, Imd. Eff. Apr. 11, 1994 Popular Name: Act 368
MI Comp L § 333.21776 (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 333.21776 - Transfer or Discharge of Patient; Plan; Counseling Services.

333.21776 Transfer or discharge of patient; plan; counseling services. Sec. 21776.  The licensee, with the approval of the department, shall develop a plan to effectuate the orderly and safe transfer or discharge of a patient. The patient and the patient's family or representative shall be consulted in choosing another facility. The patient shall receive counseling services before the move to minimize the adverse effects of transfer trauma. The department shall assure that counseling will be available if the patient requires counseling after transfer or discharge. History: Add. 1978, Act 493, Eff. Mar. 30, 1979 Popular Name: Act 368
MI Comp L § 333.21777 (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 333.21777 - Holding Bed Open During Temporary Absence of Patient; Option; Title 19 Patients.

333.21777 Holding bed open during temporary absence of patient; option; title 19 patients.Sec. 21777.  (1) If a patient is temporarily absent from a nursing home for emergency medical treatment, the nursing home shall hold the bed open for 10 days for that patient in the patient's absence, if there is a reasonable expectation that the patient will return within that period of time and the nursing home receives payment for each day during the absent period.  (2) If a patient is temporarily absent from a nursing home for therapeutic reasons as approved by a physician, the nursing home shall hold the bed open for 18 days, if there is a reasonable expectation that the patient will return within that period of time and the nursing home receives payment for each day during the absent period. Temporary absences for therapeutic reasons are limited to 18 days per year.  (3) When a patient's absence is longer than specified under subsection (1) or (2), or both, the patient has the option to return to the nursing home for the next available bed.  (4) For title 19 patients, the department of community health shall continue funding for the temporary absence as provided under subsections (1) and (2) if the nursing home is at 98% or more occupancy except for any bed being held open under subsection (1) or (2). History: Add. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 2004, Act 372, Imd. Eff. Oct. 11, 2004 Popular Name: Act 368
MI Comp L § 333.21781 (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 333.21781 - Posting of License and Other Information.

333.21781 Posting of license and other information. Sec. 21781.  A licensee shall conspicuously post in an area of its offices accessible to patients, employees, and visitors:  (a) A current license.  (b) A complete copy of the most recent inspection report of the nursing home received from the department.  (c) A description, provided by the department, of complaint procedures established under this act and the name, address, and telephone number of a person authorized by the department to receive complaints.  (d) A copy of a notice of a pending hearing or order pertaining to the nursing home issued by the department or a court under the authority of this article or rules promulgated under this article.  (e) A complete list of materials available for public inspection as required by section 21782.  History: Add. 1978, Act 493, Eff. Mar. 30, 1979 Popular Name: Act 368
MI Comp L § 333.21782 (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 333.21782 - Retention of Documents for Public Inspection.

333.21782 Retention of documents for public inspection. Sec. 21782.  A licensee shall retain for public inspection:  (a) A complete copy of each inspection report of the nursing home received from the department during the past 5 years.  (b) A copy of each notice of a hearing or order pertaining to the nursing home issued by the department or a court under the authority of this article or rules promulgated under this article after the effective date of this section. The copy of the notice or order shall be retained for not less than 3 years after its date of issuance or not less than 3 years after the date of the resolution of the subject matter of the notice or order, whichever is later.   (c) A description of the services provided by the nursing home and the rates charged for those services and items for which a patient may be separately charged.   (d) A list of the name, address, principal occupation, and official position of each person who, as a stockholder or otherwise, has a proprietary interest in the nursing home as required by section 20142, of each officer and director of a nursing home which is a corporation, and of each trustee or beneficiary of a nursing home which is a trust.  (e) A list of licensed personnel employed or retained by the nursing home.  (f) A copy of the standard form contract utilized under section 21766.  History: Add. 1978, Act 493, Eff. Mar. 30, 1979 Popular Name: Act 368