reglab/statecodes huggingface dataset:
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20108 - Definitions; I to N.

333.20108 Definitions; I to N.
Sec. 20108.
(1) "Intermediate care facility" means a hospital long-term care unit, nursing home, county medical care facility, or other nursing care facility, or distinct part thereof, certified by the department to provide intermediate care or basic care that is less than skilled nursing care but more than room and board.
(2) "License" means an authorization, annual or as otherwise specified, granted by the department and evidenced by a certificate of licensure or permit granting permission to a person to establish or maintain and operate, or both, a health facility or agency. For purposes of part 209, "license" includes a license issued to an individual under that part.
(3) "Licensee" means the holder of a license or permit to establish or maintain and operate, or both, a health facility or agency. For purposes of part 209, "licensee" includes an individual licensed under that part.
(4) "Limited license" means a provisional license or temporary permit or a license otherwise limited as prescribed by the department.
(5) "Medically contraindicated" means, with reference to nursing homes only, having a substantial adverse effect on the patient's physical health, as determined by the attending physician, which effect is explicitly stated in writing with the reasons therefor in the patient's medical record.
(6) "Medical first response service" means that term as defined in section 20906.
(7) "Nontransport prehospital life support operation" means that term as defined in section 20908.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 1986, Act 78, Imd. Eff. Apr. 7, 1986 ;-- Am. 1990, Act 179, Imd. Eff. July 2, 1990
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20109 - Definitions; N to S.

333.20109 Definitions; N to S.
Sec. 20109.
(1) "Nursing home" means a nursing care facility, including a county medical care facility, that provides organized nursing care and medical treatment to 7 or more unrelated individuals suffering or recovering from illness, injury, or infirmity. As used in this subsection, "medical treatment" includes treatment by an employee or independent contractor of the nursing home who is an individual licensed or otherwise authorized to engage in a health profession under part 170 or 175. Nursing home does not include any of the following:
(a) A unit in a state correctional facility.
(b) A hospital.
(c) A veterans facility created under 1885 PA 152, MCL 36.1 to 36.12.
(d) A hospice residence that is licensed under this article.
(e) A hospice that is certified under 42 CFR 418.100.
(2) "Person" means that term as defined in section 1106 or a governmental entity.
(3) "Public member" means a member of the general public who is not a provider; who does not have an ownership interest in or contractual relationship with a nursing home other than a resident contract; who does not have a contractual relationship with a person who does substantial business with a nursing home; and who is not the spouse, parent, sibling, or child of an individual who has an ownership interest in or contractual relationship with a nursing home, other than a resident contract.
(4) "Skilled nursing facility" means a hospital long-term care unit, nursing home, county medical care facility, or other nursing care facility, or a distinct part thereof, certified by the department to provide skilled nursing care.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 1991, Act 39, Imd. Eff. June 11, 1991 ;-- Am. 1996, Act 224, Eff. June 12, 1996 ;-- Am. 2015, Act 156, Eff. Jan. 18, 2016
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20115.amended - Rules Defining or Differentiating Health Facility or Agency.

***** 333.20115.amended THIS AMENDED SECTION IS EFFECTIVE FEBRUARY 13, 2024 *****
333.20115.amended Rules defining or differentiating health facility or agency.
Sec. 20115.
The department may promulgate rules to further define the term "health facility or agency" and the definition of a health facility or agency listed in section 20106 as required to implement this article. The department may define a specific organization as a health facility or agency for the sole purpose of certification authorized under this article. For purpose of certification only, an organization defined in section 20106(5), 20108(1), or 20109(4) is considered a health facility or agency. The term "health facility or agency" does not mean a visiting nurse service or home aide service conducted by and for the adherents of a church or religious denomination for the purpose of providing service for those who depend upon spiritual means through prayer alone for healing.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1999, Act 206, Eff. Mar. 10, 2000 ;-- Am. 2012, Act 499, Eff. Mar. 31, 2013 ;-- Am. 2023, Act 209, Eff. Feb. 13, 2024
Popular Name:
Act 368
Admin Rule:
R 325.3801 et seq. and R 325.23101 et seq. of the Michigan Administrative Code.
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20121-333.20127 - Repealed. 2022, Act 187, Imd. Eff. July 25, 2022.

333.20121-333.20127 Repealed. 2022, Act 187, Imd. Eff. July 25, 2022.
Compiler's Notes:
The repealed sections pertained to the health facilities and agencies advisory commission and the appointment of task forces.
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20131 - Comprehensive System of Licensure and Certification; Establishment; Purpose; Certification of Health Facility or Agency; Coordination, Cooperation, and Agreements; Public Disclosure.

333.20131 Comprehensive system of licensure and certification; establishment; purpose; certification of health facility or agency; coordination, cooperation, and agreements; public disclosure.
Sec. 20131.
(1) The department shall establish a comprehensive system of licensure and certification for health facilities or agencies in accordance with this article to:
(a) Protect the health, safety, and welfare of individuals receiving care and services in or from a health facility or agency.
(b) Assure the medical accountability for reimbursed care provided by a certified health facility or agency participating in a federal or state health program.
(2) The department may certify a health facility or agency, or part thereof, defined in section 20106 or under section 20115 when certification is required by state or federal law, rule, or regulation.
(3) The department shall coordinate all functions in state government affecting health facilities and agencies licensed under this article and cooperate with other state agencies which establish standards or requirements for health facilities and agencies to assure necessary, equitable, and consistent state supervision of licensees without unnecessary duplication of survey, evaluation, and consultation services or complaint investigations. The department may enter into agreements with other state agencies necessary to accomplish this purpose.
(4) The department shall utilize public disclosure to improve the effectiveness of licensure.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20132 - Regulation of Medical or Surgical Treatment Prohibited; Control of Communicable Diseases; Protection of Individuals Receiving Care and Services; Standards for Inpatient Food Service Establishment; Compliance.

333.20132 Regulation of medical or surgical treatment prohibited; control of communicable diseases; protection of individuals receiving care and services; standards for inpatient food service establishment; compliance.
Sec. 20132.
(1) The department shall not regulate the medical or surgical treatment provided to an individual by his or her attending physician in a health facility or agency.
(2) This article does not affect the authority of the department to control communicable diseases or to take immediate action necessary to protect the public health, safety, and welfare of individuals receiving care and services in or from a health facility or agency.
(3) A license for a health facility or agency shall include the operation of an inpatient food service establishment within the facility or agency. Standards for an inpatient food service establishment shall be the same as those established under part 129. A health facility or agency issued a license under this article is considered in compliance with that part.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20141 - Health Facility or Agency; License Required; Eligibility to Participate in Federal or State Health Program; Personnel; Services; and Equipment; Evidence of Compliance; Providing Data and Statistics.

333.20141 Health facility or agency; license required; eligibility to participate in federal or state health program; personnel; services; and equipment; evidence of compliance; providing data and statistics.
Sec. 20141.
(1) A person shall not establish or maintain and operate a health facility or agency without holding a license from the department.
(2) A health facility or agency is not eligible to participate in a federal or state health program requiring certification without current certification from the department.
(3) A health facility or agency shall have the physician, professional nursing, health professional, technical and supportive personnel, and the technical, diagnostic, and treatment services and equipment necessary to assure the safe performance of the health care undertaken by or in the facility or agency.
(4) Licensure and certification of a health facility or agency shall be evidence of the fact that the facility or agency complies with applicable statutory and regulatory requirements and standards at the time of issuance.
(5) A health facility or agency shall provide the department with the data and statistics required to enable the department to carry out functions required by federal and state law, including rules and regulations.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20143 - Compliance as Condition to Issuance of License, Certificate, or Certificate of Need.

333.20143 Compliance as condition to issuance of license, certificate, or certificate of need.
Sec. 20143.
(1) A license or certificate under this part shall not be issued unless the applicant is in compliance with part 222.
(2) A licensee who is issued a certificate of need under part 222 shall comply with part 222 and all of the terms, conditions, and stipulations of the certificate of need.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1988, Act 332, Eff. Oct. 1, 1988
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20144 - Licensing on Basis of Approved Building Program.

333.20144 Licensing on basis of approved building program.
Sec. 20144.
A health facility or agency not meeting statutory and regulatory requirements for its physical plant and equipment may be licensed by the department on the basis of a building program approved by the department which:
(a) Sets forth a plan and timetable for correction of physical plant or equipment deficiencies and items of noncompliance.
(b) Includes documented evidence of the availability and commitment of money for carrying out the approved building program.
(c) Includes other documentation the department reasonably requires to assure compliance with the plan and timetable.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20151 - Cooperation; Professional Advice and Consultation.

333.20151 Cooperation; professional advice and consultation.
Sec. 20151.
A licensee or certificate holder shall cooperate with the department in carrying out its responsibility under this article. The department shall, to the extent allowed by law, provide professional advice and consultation as to the quality of facility or agency aspects of health care and services provided by the applicant or licensee.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2000, Act 171, Imd. Eff. June 20, 2000
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20152 - Certification by Licensee; Developing Facilities and Programs of Care; Rating Individuals for Purposes of Reimbursement.

333.20152 Certification by licensee; developing facilities and programs of care; rating individuals for purposes of reimbursement.
Sec. 20152.
(1) A licensee shall certify to the department as part of its application for licensing and certification, that:
(a) All phases of its operation, including its training programs, comply with state and federal laws prohibiting discrimination. The applicant shall direct the administrator of the health facility or agency to take the necessary action to assure that the facility or agency is, in fact, so operated.
(b) Selection and appointment of physicians to its medical staff is without discrimination on the basis of licensure or registration as doctors of medicine or doctors of osteopathic medicine and surgery.
(2) This section does not prohibit a health facility or agency from developing facilities and programs of care that are for specific ages or sexes or rating individuals for purposes of determining appropriate reimbursement for care and services.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1981, Act 111, Imd. Eff. July 17, 1981
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20155a - Repealed. 2022, Act 187, Imd. Eff. July 25, 2022.

333.20155a Repealed. 2022, Act 187, Imd. Eff. July 25, 2022.
Compiler's Notes:
The repealed section pertained to an electronic system for nursing home health survey tasks and federal grants.
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20158 - Biannual Inspection Reports for Certain Entities.

333.20158 Biannual inspection reports for certain entities.
Sec. 20158.
The department shall submit biannual reports to the appropriation subcommittees for the department, the senate and house fiscal agencies, and the state budget director containing a summary of input from individuals who perform inspections for entities regulated by the bureau of community and health systems, or a successor agency within the department, under this article. The feedback and input must be regarding the adequacy of federal and state guidelines pertaining to the areas that the individual inspects for the entities described in this section. The summary must include details of the feedback excluding information that identifies the inspectors providing the feedback. The summary may be cumulative in nature, but must be understandable to the general public.
History:
Add. 2022, Act 117, Imd. Eff. June 24, 2022
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20164 - Duration of License or Certification; License, Certification, or Certificate of Need Nontransferable; Transfer of Ownership or Ownership Interest; Notice; Application for License and Certification.

333.20164 Duration of license or certification; license, certification, or certificate of need nontransferable; transfer of ownership or ownership interest; notice; application for license and certification.
Sec. 20164.
(1) Except as provided in part 209, a license, certification, provisional license, or limited license is valid for not more than 1 year after the date of issuance.
(2) A license, certification, or certificate of need is not transferable and must state the persons, buildings, and properties to which it applies. Applications for licensure or certification because of transfer of ownership or essential ownership interest must not be acted upon until satisfactory evidence is provided of compliance with part 222.
(3) If ownership is not voluntarily transferred, the department must be notified immediately and the new owner shall apply for a license and certification not later than 30 days after the transfer.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1981, Act 111, Imd. Eff. July 17, 1981 ;-- Am. 1982, Act 474, Eff. Mar. 30, 1983 ;-- Am. 1988, Act 332, Eff. Oct. 1, 1988 ;-- Am. 1990, Act 179, Imd. Eff. July 2, 1990 ;-- Am. 2022, Act 187, Imd. Eff. July 25, 2022
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20165 - Denying, Limiting, Suspending, or Revoking License or Certification; Notice of Intent; Imposition of Administrative Fine.

333.20165 Denying, limiting, suspending, or revoking license or certification; notice of intent; imposition of administrative fine.
Sec. 20165.
(1) Except as otherwise provided in this section, after notice of intent to an applicant or licensee to deny, limit, suspend, or revoke the applicant's or licensee's license or certification and an opportunity for a hearing, the department may deny, limit, suspend, or revoke the license or certification or impose an administrative fine on a licensee if 1 or more of the following exist:
(a) Fraud or deceit in obtaining or attempting to obtain a license or certification or in the operation of the licensed health facility or agency.
(b) A violation of this article or a rule promulgated under this article.
(c) False or misleading advertising.
(d) Negligence or failure to exercise due care, including negligent supervision of employees and subordinates.
(e) Permitting a license or certificate to be used by an unauthorized health facility or agency.
(f) Evidence of abuse regarding a patient's health, welfare, or safety or the denial of a patient's rights.
(g) Failure to comply with section 10115.
(h) Failure to comply with part 222 or a term, condition, or stipulation of a certificate of need issued under part 222, or both.
(i) A violation of section 20197(1).
(2) The department may deny an application for a license or certification based on a finding of a condition or practice that would constitute a violation of this article if the applicant were a licensee.
(3) Denial, suspension, or revocation of an individual emergency medical services personnel license under part 209 is governed by section 20958.
(4) If the department determines under subsection (1) that a health facility or agency has violated section 20197(1), the department shall impose an administrative fine of $5,000,000.00 on the health facility or agency.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1986, Act 186, Eff. Oct. 7, 1986 ;-- Am. 1988, Act 332, Eff. Oct. 1, 1988 ;-- Am. 1990, Act 179, Imd. Eff. July 2, 1990 ;-- Am. 1998, Act 108, Eff. Mar. 23, 1999 ;-- Am. 2008, Act 39, Eff. May 1, 2008
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20165a - Action Against Health Facility's Treatment as Authorized Under Right to Try Act; Definitions.

333.20165a Action against health facility's treatment as authorized under right to try act; definitions.
Sec. 20165a.
(1) Except in the case of gross negligence or willful misconduct as determined by the department, a health facility's cooperation in a treatment recommended by a health professional as authorized under the right to try act, alone, is not grounds for the department to take any action against a licensee under section 20165.
(2) As used in this section:
(a) "Gross negligence" means conduct so reckless as to demonstrate a substantial lack of concern for whether serious injury to a person would result.
(b) "Willful misconduct" means conduct committed with an intentional or reckless disregard for the safety of others, as by failing to exercise reasonable care to prevent a known danger.
History:
Add. 2014, Act 346, Imd. Eff. Oct. 17, 2014
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20168 - Emergency Order Limiting, Suspending, or Revoking License; Limiting Reimbursements or Payments; Hearing; Contents of Order; Order Not Suspended by Hearing.

333.20168 Emergency order limiting, suspending, or revoking license; limiting reimbursements or payments; hearing; contents of order; order not suspended by hearing.
Sec. 20168.
(1) Upon a finding that a deficiency or violation of this article or the rules promulgated under this article seriously affects the health, safety, and welfare of individuals receiving care or services in or from a licensed health facility or agency, the department may issue an emergency order limiting, suspending, or revoking the license of the health facility or agency. If the department of public health issues an emergency order affecting the license of a nursing home, the department of public health may request the department of social services to limit reimbursements or payments authorized under section 21718. The department shall provide an opportunity for a hearing within 5 working days after issuance of the order.
(2) An order shall incorporate the department's findings. The conduct of a hearing under this section shall not suspend the department's order.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1978, Act 493, Eff. Mar. 30, 1979
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20169 - HIV Infected Test Subject; Compliance With Reporting Requirements; Definitions.

333.20169 HIV infected test subject; compliance with reporting requirements; definitions.
Sec. 20169.
(1) A health facility or agency licensed under this article that obtains from a test subject a test result that indicates that the test subject is HIV infected shall comply with the reporting requirements of section 5114.
(2) As used in this section:
(a) "HIV" means human immunodeficiency virus.
(b) "HIV infected" means that term as defined in section 5101.
History:
Add. 1988, Act 489, Eff. Mar. 30, 1989
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20170 - Medical Records Access; Compliance.

333.20170 Medical records access; compliance.
Sec. 20170.
A health facility or agency shall comply with the medical records access act.
History:
Add. 2004, Act 48, Imd. Eff. Apr. 1, 2004
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20171 - Rules Implementing Article; Rules Promulgated Under MCL 333.21563; Rules Subject to MCL 554.917.

333.20171 Rules implementing article; rules promulgated under MCL 333.21563; rules subject to MCL 554.917.
Sec. 20171.
(1) The department shall promulgate and enforce rules to implement this article, including rules necessary to enable a health facility or agency to qualify for and receive federal funds available for patient care or for projects involving new construction, additions, modernizations, or conversions.
(2) The rules applicable to health facilities or agencies must be uniform insofar as is reasonable.
(3) The rules must establish standards relating to:
(a) Ownership.
(b) Reasonable disclosure of ownership interests in proprietary corporations and of financial interests of trustees of voluntary, nonprofit corporations and owners of proprietary corporations and partnerships.
(c) Organization and function of the health facility or agency, owner, operator, and governing body.
(d) Administration.
(e) Professional and nonprofessional staff, services, and equipment appropriate to implement section 20141(3).
(f) Policies and procedures.
(g) Fiscal and medical audit.
(h) Utilization and quality control review.
(i) Physical plant including planning, construction, functional design, sanitation, maintenance, housekeeping, and fire safety.
(j) Arrangements for the continuing evaluation of the quality of health care provided.
(k) Other pertinent organizational, operational, and procedural requirements for each type of health facility or agency.
(4) The rules promulgated under section 21563 for the designation of rural community hospitals may also specify all of the following:
(a) Maximum bed size.
(b) The level of services to be provided in each category as described in section 21562(2).
(c) Requirements for transfer agreements with other hospitals to ensure efficient and appropriate patient care.
(5) Rules promulgated under this article are subject to section 17 of the continuing care community disclosure act, 2014 PA 448, MCL 554.917.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 1990, Act 252, Imd. Eff. Oct. 12, 1990 ;-- Am. 2014, Act 449, Imd. Eff. Jan. 2, 2015 ;-- Am. 2022, Act 187, Imd. Eff. July 25, 2022
Popular Name:
Act 368
Admin Rule:
R 325.1001 et seq.; R 325.1801 et seq.; R 325.2301 et seq.; R 325.3801 et seq.; R 325.6001 et seq.; R 325.20101 et seq.; and R 325.23101 et seq. of the Michigan Administrative Code.
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20172 - Policies and Procedures; Publication and Distribution.

333.20172 Policies and procedures; publication and distribution.
Sec. 20172.
The department may publish and distribute written policies and procedures in the form of departmental letters necessary to the effective administration of this article.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20173 - Repealed. 2006, Act 28, Eff. Apr. 1, 2006.

333.20173 Repealed. 2006, Act 28, Eff. Apr. 1, 2006.
Compiler's Notes:
The repealed section pertained to criminal history check for employment applicants to nursing home, county medical care facility, or home for the aged.
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20174 - Practice Agreement; Designation of Physician by Health Facility or Agency.

333.20174 Practice agreement; designation of physician by health facility or agency.
Sec. 20174.
A health facility or agency may designate 1 or more physicians to enter into a practice agreement under section 17047 or 17547.
History:
Add. 2016, Act 379, Eff. Mar. 22, 2017
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20175b - Violations of Record Retention Requirements for Medical Services Involving Vaginal or Anal Penetration; Penalties.

333.20175b Violations of record retention requirements for medical services involving vaginal or anal penetration; penalties.
Sec. 20175b.
(1) Except as otherwise provided in subsections (2) and (3), a person that violates section 20175(1) regarding the documentation of a medical service involving vaginal or anal penetration in a patient's medical record is subject to an administrative fine or guilty of a crime as follows:
(a) For a first violation, an administrative fine of not more than $2,500.00.
(b) For a second violation, an administrative fine of not more than $5,000.00.
(c) For a third or subsequent violation, a misdemeanor punishable by imprisonment for not more than 180 days or a fine of not more than $7,500.00, or both.
(2) A person that violates section 20175(1) regarding the documentation of a medical service involving vaginal or anal penetration in a patient's medical record is guilty of a misdemeanor punishable by imprisonment for not more than 180 days or a fine of $10,000.00, or both, if the violation was the result of gross negligence.
(3) A person that intentionally violates section 20175(1) regarding the documentation of a medical service involving vaginal or anal penetration in a patient's medical record is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $10,000.00, or both.
(4) This section does not limit any other sanction the department is authorized to impose under section 20165.
History:
Add. 2023, Act 62, Eff. Oct. 10, 2023
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20176 - Notice of Violation; Investigation of Complaints; Notice of Proposed Action; Public Record; Appeal; Reinvestigation.

333.20176 Notice of violation; investigation of complaints; notice of proposed action; public record; appeal; reinvestigation.
Sec. 20176.
(1) A person may notify the department of a violation of this article or of a rule promulgated under this article that the person believes exists. The department shall investigate each written complaint received and shall notify the complainant in writing of the results of a review or investigation of the complaint and any action proposed to be taken. Except as otherwise provided in sections 20180, 21743(1)(d), and 21799a, the name of the complainant and the charges contained in the complaint are a matter of public record.
(2) Except as otherwise provided in section 21799a, a complainant who is aggrieved by the decision of the department under this section may appeal to the director. After review of an appeal under this subsection, the director may order the department to reinvestigate the complaint.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 1994, Act 52, Imd. Eff. Mar. 31, 1994
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20176a - Health Facility or Agency; Prohibited Conduct; Violation; Fine.

333.20176a Health facility or agency; prohibited conduct; violation; fine.
Sec. 20176a.
(1) A health facility or agency shall not discharge or discipline, threaten to discharge or discipline, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because the employee or an individual acting on behalf of the employee does either or both of the following:
(a) In good faith reports or intends to report, verbally or in writing, the malpractice of a health professional or a violation of this article, article 7, article 8, or article 15 or a rule promulgated under this article, article 7, article 8, or article 15.
(b) Acts as an expert witness in a civil action involving medical malpractice or in an administrative action.
(2) In addition to the sanctions set forth in section 20165, a health facility or agency that violates subsection (1) is subject to an administrative fine of not more than $10,000.00 for each violation.
History:
Add. 1993, Act 79, Eff. Apr. 1, 1994 ;-- Am. 1994, Act 52, Imd. Eff. Mar. 31, 1994 ;-- Am. 2013, Act 268, Imd. Eff. Dec. 30, 2013
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20177 - Action to Restrain, Enjoin, or Prevent Establishment, Maintenance, or Operation of Health Facility or Agency.

333.20177 Action to restrain, enjoin, or prevent establishment, maintenance, or operation of health facility or agency.
Sec. 20177.
Notwithstanding the existence and pursuit of any other remedy, the director, without posting a bond, may request the prosecuting attorney or attorney general to bring an action in the name of the people of this state to restrain, enjoin, or prevent the establishment, maintenance, or operation of a health facility or agency in violation of this article or rules promulgated under this article.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20178 - Nursing Home, Home for the Aged, or County Medical Care Facility; Description of Services to Patients or Residents With Alzheimer's Disease; Contents; “Represents to the Public” Defined.

333.20178 Nursing home, home for the aged, or county medical care facility; description of services to patients or residents with Alzheimer's disease; contents; “represents to the public” defined.
Sec. 20178.
(1) Beginning not more than 90 days after the effective date of the amendatory act that added this section, a health facility or agency that is a nursing home, home for the aged, or county medical care facility that represents to the public that it provides inpatient care or services or residential care or services, or both, to persons with Alzheimer's disease or a related condition shall provide to each prospective patient, resident, or surrogate decision maker a written description of the services provided by the health facility or agency to patients or residents with Alzheimer's disease or a related condition. A written description shall include, but not be limited to, all of the following:
(a) The overall philosophy and mission reflecting the needs of patients or residents with Alzheimer's disease or a related condition.
(b) The process and criteria for placement in or transfer or discharge from a program for patients or residents with Alzheimer's disease or a related condition.
(c) The process used for assessment and establishment of a plan of care and its implementation.
(d) Staff training and continuing education practices.
(e) The physical environment and design features appropriate to support the function of patients or residents with Alzheimer's disease or a related condition.
(f) The frequency and types of activities for patients or residents with Alzheimer's disease or a related condition.
(g) Identification of supplemental fees for services provided to patients or residents with Alzheimer's disease or a related condition.
(2) As used in this section, "represents to the public" means advertises or markets the facility as providing specialized Alzheimer's or dementia care services.
History:
Add. 2000, Act 500, Imd. Eff. Jan. 11, 2001
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20179 - Artificial Insemination Services on Anonymous Basis; Use of Frozen Sperm; Testing Sperm Donor for Presence of HIV or Antibody to Hiv; Violation; Liability; Definitions.

333.20179 Artificial insemination services on anonymous basis; use of frozen sperm; testing sperm donor for presence of HIV or antibody to HIV; violation; liability; definitions.
Sec. 20179.
(1) A health facility or agency licensed under this article that provides artificial insemination services on an anonymous basis shall use only frozen sperm, and shall test each potential sperm donor for the presence in the donor of HIV or an antibody to HIV. The donated sperm shall be frozen, stored, and quarantined for not less than 6 months. Before frozen sperm is used for artificial insemination, and not less than 6 months after the date of the donation, the health facility or agency shall take a second blood sample from the donor and have that blood sample tested for HIV or an antibody to HIV. If at any time the test results are positive, the health facility or agency licensed under this article shall not use the sperm of the donor for artificial insemination purposes.
(2) A health facility or agency licensed under this article that violates this section shall be liable in a civil action for damages for the loss or damage resulting from the violation.
(3) As used in this section:
(a) "Anonymous basis" means that the recipient of the sperm does not know the identity of the donor, but the health facility or agency licensed under this article that provides the artificial insemination services or collects the sperm from the donor does know the identity of the donor.
(b) "HIV" means human immunodeficiency virus.
History:
Add. 1988, Act 487, Eff. July 1, 1989
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20181 - Abortion; Admitting Patient Not Required; Refusal to Perform, Participate In, or Allow; Immunity.

333.20181 Abortion; admitting patient not required; refusal to perform, participate in, or allow; immunity.
Sec. 20181.
A hospital, clinic, institution, teaching institution, or other health facility is not required to admit a patient for the purpose of performing an abortion. A hospital, clinic, institution, teaching institution, or other health facility or a physician, member, or associate of the staff, or other person connected therewith, may refuse to perform, participate in, or allow to be performed on its premises an abortion. The refusal shall be with immunity from any civil or criminal liability or penalty.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20182 - Abortion; Objection; Participation in Medical Procedures Not Required; Immunity.

333.20182 Abortion; objection; participation in medical procedures not required; immunity.
Sec. 20182.
A physician, or other individual who is a member of or associated with a hospital, clinic, institution, teaching institution, or other health facility, or a nurse, medical student, student nurse, or other employee of a hospital, clinic, institution, teaching institution, or other health facility in which an abortion is performed, who states an objection to abortion on professional, ethical, moral, or religious grounds, is not required to participate in the medical procedures which will result in abortion. The refusal by the individual to participate does not create a liability for damages on account of the refusal or for any disciplinary or discriminatory action by the patient, hospital, clinic, institution, teaching institution, or other health facility against the individual.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20183 - Abortion; Refusal to Give Advice; Refusal to Participate In; Immunity.

333.20183 Abortion; refusal to give advice; refusal to participate in; immunity.
Sec. 20183.
(1) A physician who informs a patient that he or she refuses to give advice concerning, or participate in, an abortion is not liable to the hospital, clinic, institution, teaching institution, health facility, or patient for the refusal.
(2) A civil action for negligence or malpractice or a disciplinary or discriminatory action may not be maintained against a person refusing to give advice as to, or participating in, an abortion based on the refusal.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20184 - Rights of Individuals, Staff Members, and Employees Previously Participating In, or Expressing Willingness to Participate In, Termination of Pregnancy.

333.20184 Rights of individuals, staff members, and employees previously participating in, or expressing willingness to participate in, termination of pregnancy.
Sec. 20184.
A hospital, clinic, institution, teaching institution, or other health facility which refuses to allow abortions to be performed on its premises shall not deny staff privileges or employment to an individual for the sole reason that the individual previously participated in, or expressed a willingness to participate in, a termination of pregnancy. A hospital, clinic, institution, teaching institution, or other health facility shall not discriminate against its staff members or other employees for the sole reason that the staff members or employees have participated in, or have expressed a willingness to participate in, a termination of pregnancy.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20188 - Repealed. 2004, Act 119, Eff. Nov. 27, 2005.

333.20188 Repealed. 2004, Act 119, Eff. Nov. 27, 2005.
Compiler's Notes:
The repealed section pertained to creation of commission on patient safety.
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20189 - Licensure Under the Interstate Medical Licensure Compact as Condition of Employment; Prohibit.

333.20189 Licensure under the interstate medical licensure compact as condition of employment; prohibit.
Sec. 20189.
A health facility or agency shall not require a physician who is licensed under article 15 to seek licensure through the interstate medical licensure compact enacted in section 16189 as a condition of initial or continued employment. However, a health facility or agency may require a physician who is licensed under article 15 to obtain and maintain a license to engage in the practice of medicine or practice of osteopathic medicine and surgery in 1 or more other states if the physician is free to obtain and maintain each license by any means authorized by the laws of the other states.
History:
Add. 2018, Act 524, Eff. Mar. 28, 2019
Popular Name:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20189a - Written Practice Agreement; Condition of Employment; Prohibited.

333.20189a Written practice agreement; condition of employment; prohibited.
Sec. 20189a.
A health facility or agency shall not require a dentist to enter into a written practice agreement with a dental therapist as a condition of employment. As used in this section, "written practice agreement" means that term as defined in section 16655.
History:
Add. 2018, Act 463, Eff. Mar. 27, 2019
Compiler's Notes:
Act 368
2023 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) › 368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211) › Section 333.20192 - Do-Not-Resuscitate Order; Execution Not Required.

333.20192 Do-not-resuscitate order; execution not required.
Sec. 20192.
A health facility or agency shall not require the execution of a do-not-resuscitate order under the Michigan do-not-resuscitate procedure act as a condition for admission or receipt of services.
History:
Add. 1996, Act 192, Eff. Aug. 1, 1996
Popular Name:
Act 368