reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2444 - Fees for Services; Expenses and Compensation.

333.2444 Fees for services; expenses and compensation.
Sec. 2444.
(1) A local governing entity, or in case of a district the district board of health, may fix and require the payment of fees for services authorized or required to be performed by the local health department. The local governing entity or district board may revoke, increase, or amend the fees. The fees charged shall not be more than the reasonable cost of performing the service.
(2) Members of a local board of health may receive necessary traveling expenses for attending meetings and may receive compensation as determined by the local governing entity for each meeting attended.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2446 - Inspection or Investigation.

333.2446 Inspection or investigation.
Sec. 2446.
To assure compliance with laws enforced by a local health department, the local health department may inspect, investigate, or authorize an inspection or investigation to be made of, any matter, thing, premise, place, person, record, vehicle, incident, or event. Sections 2241 to 2247 apply to an inspection or investigation made under this section.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2448 - Intergovernmental Contracts; Existing Contracts Not Affected.

333.2448 Intergovernmental contracts; existing contracts not affected.
Sec. 2448.
(1) A city, county, district, or part thereof may enter into an intergovernmental contract necessary or appropriate to a reorganization or an assumption or relinquishing of a health jurisdiction or function authorized by this part. The contract shall provide that an employee transferred shall not lose any benefit or right as a result of the transfer.
(2) This section does not affect existing contracts between cities and counties for the provision of health services.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2451 - Imminent Danger to Health or Lives; Informing Individuals Affected; Order; Noncompliance; Petition to Restrain Condition or Practice; “Imminent Danger” and “Person” Defined.

333.2451 Imminent danger to health or lives; informing individuals affected; order; noncompliance; petition to restrain condition or practice; “imminent danger” and “person” defined.
Sec. 2451.
(1) Upon a determination that an imminent danger to the health or lives of individuals exists in the area served by the local health department, the local health officer immediately shall inform the individuals affected by the imminent danger and issue an order which shall be delivered to a person authorized to avoid, correct, or remove the imminent danger or be posted at or near the imminent danger. The order shall incorporate the findings of the local health department and require immediate action necessary to avoid, correct, or remove the imminent danger. The order may specify action to be taken or prohibit the presence of individuals in locations or under conditions where the imminent danger exists, except individuals whose presence is necessary to avoid, correct, or remove the imminent danger.
(2) Upon the failure of a person to comply promptly with an order issued under this section, the local health department may petition a circuit or district court having jurisdiction to restrain a condition or practice which the local health officer determines causes the imminent danger or to require action to avoid, correct, or remove the imminent danger.
(3) As used in this section:
(a) "Imminent danger" means a condition or practice which could reasonably be expected to cause death, disease, or serious physical harm immediately or before the imminence of the danger can be eliminated through enforcement procedures otherwise provided.
(b) "Person" means a person as defined in section 1106 or a governmental entity.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2455 - Building or Condition Violating Health Laws or Constituting Nuisance, Unsanitary Condition, or Cause of Illness; Order; Noncompliance; Warrant; Assessment and Collection of Expenses; Liability; Judicial Order; Other Powers Not Affected.

333.2455 Building or condition violating health laws or constituting nuisance, unsanitary condition, or cause of illness; order; noncompliance; warrant; assessment and collection of expenses; liability; judicial order; other powers not affected.
Sec. 2455.
(1) A local health department or the department may issue an order to avoid, correct, or remove, at the owner's expense, a building or condition which violates health laws or which the local health officer or director reasonably believes to be a nuisance, unsanitary condition, or cause of illness.
(2) If the owner or occupant does not comply with the order, the local health department or department may cause the violation, nuisance, unsanitary condition, or cause of illness to be removed and may seek a warrant for this purpose. The owner of the premises shall pay the expenses incurred.
(3) If the owner of the premises refuses on demand to pay expenses incurred, the sums paid shall be assessed against the property and shall be collected and treated in the same manner as taxes assessed under the general laws of this state. An occupant or other person who caused or permitted the violation, nuisance, unsanitary condition, or cause of illness to exist is liable to the owner of the premises for the amount paid by the owner or assessed against the property which amount shall be recoverable in an action.
(4) A court, upon a finding that a violation or nuisance may be injurious to the public health, may order the removal, abatement, or destruction of the violation or nuisance at the expense of the defendant, under the direction of the local health department where the violation or nuisance is found. The form of the warrant to the sheriff or other law enforcement officer may be varied accordingly.
(5) This section does not affect powers otherwise granted to local governments.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2458 - Establishment of Cemetery; Requirements; Determinations; Approval; Disposition of Plats; Vacating Cemetery; Removal and Reinterment of Bodies and Remains.

333.2458 Establishment of cemetery; requirements; determinations; approval; disposition of plats; vacating cemetery; removal and reinterment of bodies and remains.
Sec. 2458.
(1) A person or governmental entity shall not establish a cemetery in this state until a description of the premises and a plat showing the cemetery's division is filed in duplicate with the local health department having jurisdiction of the premises. A local health department shall not approve a proposed cemetery if the local health department determines that establishment or operation of the cemetery would be injurious to the public health. The local health department shall determine whether it is safe and healthful for a cemetery to be established in the proposed location and if the local health department approves the location and the plat of the premises, the local health department shall indorse its approval on both plats. When the establishment of a cemetery is approved, 1 plat shall be returned to the proprietor and the other shall be retained and preserved by the local health department.
(2) The local health department shall supervise activities to vacate a cemetery and the removal and reinterment of bodies and remains.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2461 - Violation; Schedule of Monetary Civil Penalties; Issuance, Contents, and Delivery of Citation.

333.2461 Violation; schedule of monetary civil penalties; issuance, contents, and delivery of citation.
Sec. 2461.
(1) In the manner prescribed in sections 2441 and 2442 a local governing entity may adopt a schedule of monetary civil penalties of not more than $1,000.00 for each violation or day that the violation continues which may be assessed for a specified violation of this code or a rule promulgated, regulation adopted, or order issued which the local health department has the authority and duty to enforce.
(2) If a local health department representative believes that a person has violated this code or a rule promulgated, regulation adopted, or order issued under this code which the local health department has the authority and duty to enforce, the representative may issue a citation at that time or not later than 90 days after discovery of the alleged violation. The citation shall be written and shall state with particularity the nature of the violation, including reference to the section, rule, order, or regulation alleged to have been violated, the civil penalty established for the violation, if any, and the right to appeal the citation pursuant to section 2462. The citation shall be delivered or sent by registered mail to the alleged violator.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2462 - Citation; Petition for Administrative Hearing; Decision of Local Health Officer; Review; Petition for Judicial Review; Civil Penalty.

333.2462 Citation; petition for administrative hearing; decision of local health officer; review; petition for judicial review; civil penalty.
Sec. 2462.
(1) Not later than 20 days after receipt of the citation, the alleged violator may petition the local health department for an administrative hearing which shall be held within 30 days after the receipt of the petition. After the administrative hearing, the local health officer may affirm, dismiss, or modify the citation. The decision of the local health officer shall be final, unless within 60 days of the decision the appropriate local governing entity or committee thereof, or in the case of a district department, the district board of health or committee thereof, grants review of the citation. After the review, the local governing entity, board of health, or committee thereof may affirm, dismiss, or modify the citation.
(2) A person aggrieved by a decision of a local health officer, local governing entity, or board of health under this section may petition the circuit court of the county in which the principal office of the local health department is located for review. The petition shall be filed not later than 60 days following receipt of the final decision.
(3) A civil penalty becomes final if a petition for an administrative hearing or review is not received within the time specified in this section. A civil penalty imposed under this part is payable to the appropriate local health department for deposit with the general funds of the local governing entity, or in case of a district, the funds shall be divided according to the formula used to divide other district funds. A civil penalty may be recovered in a civil action brought in the county in which the violation occurred or the defendant resides.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2463 - Appearance Tickets.

333.2463 Appearance tickets.
Sec. 2463.
In the manner prescribed in sections 2441 and 2442 a local governing entity may designate representatives of the local health department as public servants authorized by law to issue and serve appearance tickets pursuant to sections 9a to 9g of chapter 4 of Act No. 175 of the Public Acts of 1927, as amended, being sections 764.9a to 764.9g of the Michigan Compiled Laws.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2465 - Injunctive Action; Liability for Damages.

333.2465 Injunctive action; liability for damages.
Sec. 2465.
(1) Notwithstanding the existence and pursuit of any other remedy, a local health officer, without posting bond, may maintain injunctive action to restrain, prevent, or correct a violation of a law, rule, or order which the officer has the duty to enforce, or to restrain, prevent, or correct an activity or condition which the officer believes adversely affects the public health.
(2) A local health officer or an employee or representative of a local health department is not personally liable for damages sustained in the performance of local health department functions, except for wanton and wilful misconduct.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2471 - Program; Establishment; Objectives.

333.2471 Program; establishment; objectives.
Sec. 2471.
The department shall establish a program pursuant to sections 2471 to 2498 with the following objectives:
(a) To prescribe responsibilities of state and local governments for local health services.
(b) To assure the availability, accessibility, and acceptability of required health services for the people of this state.
(c) To establish the basis for equitable state reimbursement of expenditures to support local health services.
(d) To assure that state reimbursement for reasonable and allowable costs for required and allowable local health services shall be provided at the level necessary to assure maintenance of the services on an equitable basis for the people of this state.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2472 - Services Eligible for Cost Sharing; Criteria and Procedures for Additional Services; Minimum Standards for Delivery of Services.

333.2472 Services eligible for cost sharing; criteria and procedures for additional services; minimum standards for delivery of services.
Sec. 2472.
(1) Services which a local health department is required to provide under the program plan described in part 23 are eligible for cost sharing under this part.
(2) The department shall prescribe criteria and procedures for designating additional services proposed by a local health department as allowable services.
(3) The department shall establish minimum standards of scope, quality, and administration for the delivery of required and allowable services not inconsistent with sections 2471 to 2498.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2473 - Specific Objectives of Required Services; Demonstrating Provision of Service; Contracts.

333.2473 Specific objectives of required services; demonstrating provision of service; contracts.
Sec. 2473.
(1) Required services designated pursuant to part 23 shall be directed at the following specific objectives:
(a) Prevention and control of environmental health hazards.
(b) Prevention and control of diseases.
(c) Prevention and control of health problems of particularly vulnerable population groups.
(d) Development of health care facilities and agencies and health services delivery systems.
(e) Regulation of health care facilities and agencies and health services delivery systems to the extent provided by state law.
(2) A local health department and its local governing entity shall provide or demonstrate the provision of each required service which the local health department is designated to provide.
(3) The department may enter into contracts necessary or appropriate to carry out this section.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2475 - Reimbursement for Costs of Services; Equitable Distribution; Schedule; Local Expenditure in Excess of Prior Appropriation.

333.2475 Reimbursement for costs of services; equitable distribution; schedule; local expenditure in excess of prior appropriation.
Sec. 2475.
(1) The department shall reimburse local governing entities for the reasonable and allowable costs of required and allowable health services delivered by the local governing entity as provided by this section. Subject to the availability of funds actually appropriated reimbursements shall be made in a manner to provide equitable distribution among the local governing entities and pursuant to the following schedule beginning in the second state fiscal year beginning on or after the effective date of this part:
(a) First year, 20%.
(b) Second year, 30%.
(c) Third year, 40%.
(d) Fourth year and thereafter, 50%.
(2) Until the 50% level is reached, a local governing entity is not required to provide for required services if the local expenditure necessary to provide the services is greater than those funds appropriated and expended in the full state fiscal year immediately before the effective date of this 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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2476 - Reimbursement of Certain Expenditures Prohibited.

333.2476 Reimbursement of certain expenditures prohibited.
Sec. 2476.
The following expenditures shall not be reimbursed under sections 2471 to 2498:
(a) Expenditures for required and allowable services to the extent the expenditures are reimbursed from another source such as fees for services or another state or federal program.
(b) Direct capital expenditures for facilities.
(c) Expenditures used to match other state funds.
(d) Expenditures for other services specifically excluded in rules promulgated by the department.
(e) Federal and state categorical health program funds.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2477 - Local Governing Entity Not to Receive Less Than Received Under Prior Provisions; Providing, Designating, and Reallocating Funds; Accountability.

333.2477 Local governing entity not to receive less than received under prior provisions; providing, designating, and reallocating funds; accountability.
Sec. 2477.
(1) A local governing entity shall not receive less in any year under sections 2471 to 2498 than it received under Act No. 306 of the Public Acts of 1927, as amended, being sections 327.201 to 327.208a of the Michigan Compiled Laws, in the full state fiscal year immediately before the effective date of this part.
(2) Funds under this part shall be provided to the local governing entity which shall be accountable for substantial conformance with agreements and standards as provided by section 2484. The funds shall be designated for the local health department but may be reallocated through the local health department if services are rendered by other local agencies.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2479 - Criteria for Determining Costs for Services.

333.2479 Criteria for determining costs for services.
Sec. 2479.
Not later than 1 year after the effective date of this section, the department shall prescribe criteria for determining the reasonable and allowable costs for required and allowable services.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2481 - Condition for Approval of Funding.

333.2481 Condition for approval of funding.
Sec. 2481.
As a condition for the approval of funding for a service under sections 2471 to 2498, a local health department shall:
(a) Provide the required health services which the local health department is designated to provide in substantial accord with the program plan developed under part 23 and rules promulgated under section 2495, including standards as to the scope and quality of services.
(b) Report its performance and fiscal matters in a form and containing information the department reasonably requires to implement sections 2471 to 2498.
(c) Keep records and afford access to the records by authorized state, federal, and local officials for audit and review purposes necessary to verify and assure the accuracy and acceptability of the reports.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2482 - Minimum Expenditure for Health Services; Waiving Maintenance of Local Funding; Certain Services Considered Health Services.

333.2482 Minimum expenditure for health services; waiving maintenance of local funding; certain services considered health services.
Sec. 2482.
(1) The total local appropriations for a local health department expended for health services shall be not less in any year than in the local health department's full fiscal year immediately before the effective date of this part. However, the department may waive maintenance of local funding in extraordinary circumstances.
(2) For purposes of this section, services for which funds under Act No. 306 of the Public Acts of 1927, as amended, were being used on the effective date of this part are considered health services.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2483 - Conditions for Reimbursement.

333.2483 Conditions for reimbursement.
Sec. 2483.
A local health department desiring reimbursement under sections 2471 to 2498 shall:
(a) Submit annually to the department a program statement approved by the local governing entity defining the status of the current required and allowable services the local health department provides. After review and approval by the department, the program statement shall serve as a basis of determining priorities for local development with appropriate state policy and technical assistance.
(b) Submit annually to the department the budget approved by the local governing entity. The budget shall reflect the program statement and include the required services which the local health department provides, other health services proposed for state reimbursement as allowable services, and services proposed for full local or categorical state or federal funding. After review, the department shall determine the services eligible as allowable services for state reimbursement. Determinations regarding proposed allowable services shall be made annually for each local health department.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2484 - Agreement Implementing Standards; Basis for Reimbursement; Operating Advance; Adjustments.

333.2484 Agreement implementing standards; basis for reimbursement; operating advance; adjustments.
Sec. 2484.
(1) Standards of scope, quality, and administration promulgated under section 2495 shall be implemented through an agreement between the department and the local governing entity. An agreement under this subsection shall specify at least the minimum activities agreed upon as necessary for substantial compliance with rules and shall be based upon findings in the annual program statement of the local health department.
(2) A local health department shall be reimbursed on the basis of approved program performance reports as required by this section and sections 2481 and 2483 and on the basis of prescribed fiscal reports reflecting actual, reasonable, and allowable costs incurred pursuant to rules promulgated under section 2495. An operating advance may be provided which shall be replenished as the costs are reported. Adjustments shall be made as necessary to compensate for payments previously made.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2486 - Notice of Appeal; Informal Conference; Reaffirming, Modifying, or Revoking Decision; Hearing; Petition for Redress.

333.2486 Notice of appeal; informal conference; reaffirming, modifying, or revoking decision; hearing; petition for redress.
Sec. 2486.
(1) Upon receipt of a notice from a local health department that the local health department wishes to appeal a department decision relative to the implementation of sections 2471 to 2498, the department shall schedule an informal conference to be attended by representatives of the jurisdiction affected by the decision and representatives of the department. After the conference the department may reaffirm, modify, or revoke its decision.
(2) Upon request, a local health department adversely affected by a decision of the department as to service eligibility, development priorities, allowable services, minimum activities necessary for substantial compliance, a decision under section 2235, or the level of reasonable and allowable costs shall be granted a hearing. The local governing entity may pursue further appeal by petition to the appropriate circuit court for redress.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2488 - Appropriation Request to Include Funds for Reimbursement of Local Health Departments; Basis of Sums Requested.

333.2488 Appropriation request to include funds for reimbursement of local health departments; basis of sums requested.
Sec. 2488.
A separate part of the department's annual health appropriation request shall include funds to reimburse local health departments for expenditures incurred to establish and maintain required and allowable health services. The sums requested shall be based on reasonable and allowable costs for required and allowable services at projected levels for the next fiscal period and shall be used for reimbursing local health departments which have complied with sections 2471 to 2498.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2490 - Administration of MCL 333.2471 to 333.2498.

333.2490 Administration of MCL 333.2471 to 333.2498.
Sec. 2490.
Sections 2471 to 2498 shall be administered in a manner consistent with the requirements of federal law.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2492 - Status Report; Appropriation for Development and Implementation of Evaluation and Related Training.

333.2492 Status report; appropriation for development and implementation of evaluation and related training.
Sec. 2492.
(1) At the end of the second full state fiscal year after the effective date of this part, the department shall report to the governor and legislature as to the status of required and allowable health services in relation to standards, costs, and health needs of the people of this state.
(2) An amount equal to 1% of the estimated total expenditures for the required and allowable local health services shall be appropriated to the department annually for the development and implementation of evaluation and related training for local health departments and department staffs in the delivery of the required and allowable health services authorized under sections 2471 to 2498.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2495 - Rules; Determinations; Review and Comment.

333.2495 Rules; determinations; review and comment.
Sec. 2495.
(1) The department shall promulgate rules and may make determinations necessary or appropriate to implement this part, consistent with this code, including the establishment of minimum standards for health officers, development plans, the designation of allowable services, and the quality, delivery, and reasonable costs for required and allowable services.
(2) Not less than 30 days before promulgation of a rule establishing minimum standards for the quality, delivery, or reasonable costs for required and allowable services, the department shall request the Michigan association of counties, the Michigan health officers association, the Michigan association of local environmental health administrators, and the Michigan association of local public health administrators to review and comment on the rule. This subsection does not limit review and comment by additional governmental and professional organizations or by other persons.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
Admin Rule:
R 325.13001 et seq. and R 325.13051 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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2497 - Administrative Compliance Order.

333.2497 Administrative compliance order.
Sec. 2497.
Upon a finding that a local health department is not able to provide or to demonstrate the adequate provision of 1 or more of the required services, or fails to meet the requirements of this part or the rules promulgated under this part, the department may issue an administrative compliance order to the local health department's local governing entity. The order shall state the nature of the deficiencies and set forth a reasonable time by which the deficiencies shall be corrected.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2498 - Petition for Administrative Hearing; Finality of Order or Compliance Date; Reaffirming, Modifying, or Revoking Order; Modifying Time for Compliance; Petition for Writ of Mandamus.

333.2498 Petition for administrative hearing; finality of order or compliance date; reaffirming, modifying, or revoking order; modifying time for compliance; petition for writ of mandamus.
Sec. 2498.
(1) Within 60 working days after receipt of an administrative compliance order and proposed compliance period, a local governing entity may petition the department for an administrative hearing. If the local governing entity does not petition the department for a hearing within 60 days after the receipt of an administrative compliance order, the order and proposed compliance date shall be final.
(2) After a hearing, the department may reaffirm, modify, or revoke the order or modify the time permitted for compliance.
(3) If the local governing entity fails to correct a deficiency for which a final order has been issued within the period permitted for compliance, the department may petition the appropriate circuit court for a writ of mandamus to compel correction.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-25. - Part 25. Health Information Technology (333.2501...333.2511) › Section 333.2501 - Definitions.

333.2501 Definitions.
Sec. 2501.
As used in this part:
(a) "Commission" means the health information technology commission created under section 2503.
(b) "Department" means the department of community health.
History:
Add. 2006, Act 137, Imd. Eff. May 12, 2006
Compiler's Notes:
For creation of department of health and human services and abolishment of department of community health, see E.R.O. No. 2015-1, compiled at MCL 400.227.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-25. - Part 25. Health Information Technology (333.2501...333.2511) › Section 333.2507 - Personal Liability of Commission or Commission Members.

333.2507 Personal liability of commission or commission members.
Sec. 2507.
The commission or a member of the commission shall not be personally liable for any action at law for damages sustained by a person because of an action performed or done by the commission or a member of the commission in the performance of their respective duties in the administration and implementation of this part.
History:
Add. 2006, Act 137, Imd. Eff. May 12, 2006
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-26 - Part 26 Data, Information, and Research (333.2601...333.2692) › Section 333.2601 - Applicability.

333.2601 Applicability.
Sec. 2601.
Unless otherwise provided, this part applies to all data made or received by the department.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of certain powers and duties of the center for health promotion and chronic disease prevention and the office of policy, planning and evaluation, from the department of public health to the director of community health, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-26 - Part 26 Data, Information, and Research (333.2601...333.2692) › Section 333.2602 - Meanings of Words and Phrases; General Definitions and Principles of Construction.

333.2602 Meanings of words and phrases; general definitions and principles of construction.
Sec. 2602.
(1) For purposes of this part, the words and phrases defined in sections 2603 to 2607 have the meanings ascribed to them in those sections.
(2) In addition, article 1 contains general definitions and principles of construction applicable to all articles in this code.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-26 - Part 26 Data, Information, and Research (333.2601...333.2692) › Section 333.2603 - Definitions; D.

333.2603 Definitions; D.
Sec. 2603.
(1) "Data" means items of information made or received by the department which pertain to a condition, status, act, or omission, existing independently of the memory of an individual, whether the information is retrievable by manual or other means and whether or not coded. It includes the normal and computer art meanings of the word data.
(2) "Data system" means an interrelated grouping of data for use by the department.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-26 - Part 26 Data, Information, and Research (333.2601...333.2692) › Section 333.2607 - Definitions; R, S.

333.2607 Definitions; R, S.
Sec. 2607.
(1) "Record" means a datum or a grouping of data about a person or an object under the ownership or control of a person or governmental entity in which the person, object, or governmental entity is identifiable by name, number, symbol, or other identifying particular.
(2) "System of records" means an interrelated grouping of records for use by the department.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-26 - Part 26 Data, Information, and Research (333.2601...333.2692) › Section 333.2613 - Nature of Data to Be Defined by Rule.

333.2613 Nature of data to be defined by rule.
Sec. 2613.
The department shall define by rule the nature of data collected, compiled, processed, used, or shared by the department pursuant to and consistent with section 2611(2).
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 2 - Administration (333.2201...333.3625) › 368-1978-2-26 - Part 26 Data, Information, and Research (333.2601...333.2692) › Section 333.2614 - Duties of Department Generally.

333.2614 Duties of department generally.
Sec. 2614.
The department shall:
(a) Establish procedures to identify the circumstances under which, the places at which, the persons from whom, and the methods by which a person may secure that data, including the procedures governing requests, and the review established pursuant to section 2639.
(b) Prescribe standards for the publication of health-related data reported pursuant to this code which will encourage characteristics including accuracy, validity, reliability, completeness, and comparability; and advise users as to the status of the quality of the data.
(c) Prescribe the contents of forms or authorize the use of standardized forms for the collection of health-related data. The content and form shall be consistent with related local and federal requirements.
(d) Prescribe standards for the maintenance and preservation of health-related data.
(e) Establish procedures to govern the withholding and release of data as required by section 2637.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-26 - Part 26 Data, Information, and Research (333.2601...333.2692) › Section 333.2615 - Level of Coverage; Determination.

333.2615 Level of coverage; determination.
Sec. 2615.
The department shall determine, not less than biennially, the level of coverage of the people of this state for each basic public health service prescribed under section 2311. This determination may be made by scientific sampling of the population or other scientific statistical techniques that will provide an accurate estimate of the level of coverage.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1990, Act 226, Imd. Eff. Oct. 8, 1990
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-26 - Part 26 Data, Information, and Research (333.2601...333.2692) › Section 333.2616 - Comprehensive Health Information System; Establishment; Provisions.

333.2616 Comprehensive health information system; establishment; provisions.
Sec. 2616.
The department shall establish a comprehensive health information system providing for the collection, compilation, coordination, analysis, indexing, dissemination, and utilization of both purposefully collected and extant health-related data and statistics, including the training of producers and users of the data and statistics in a manner involving the collaboration at the policy and technical levels of major state and local health operational, planning, professional, and university groups and agencies which require the data in their work.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-26 - Part 26 Data, Information, and Research (333.2601...333.2692) › Section 333.2617 - Comprehensive Health Information System; Statistics.

333.2617 Comprehensive health information system; statistics.
Sec. 2617.
The health information system shall include statistics relative to:
(a) The causes, effects, extent, and nature of illness and disability of the people of this state, or a grouping of its people, which may include the incidence and prevalence of various acute and chronic illnesses and infant and maternal morbidity and mortality.
(b) The impact of illness and disability of the people of this state on the economy of this state and on other aspects of the well-being of its people or a grouping of its people.
(c) Environmental, social, and other health hazards and health knowledge and practices of the people of this state.
(d) Determinants of health and nutritional practices and status, including behavior related to health.
(e) Health resources, which may include health care institutions.
(f) The utilization of health care, which may include the utilization of ambulatory health services by specialties and types of practice of the health professionals providing the services, and services of health facilities and agencies defined in section 20106 and other health care institutions.
(g) Health care costs and financing, which may include the trends in health care prices and costs, the sources of payments for health care services, and federal, state, and local governmental expenditures for health care services.
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 2 - Administration (333.2201...333.3625) › 368-1978-2-26 - Part 26 Data, Information, and Research (333.2601...333.2692) › Section 333.2617a - Maternal Death; Submission of Information for Inclusion in Health Information System.

333.2617a Maternal death; submission of information for inclusion in health information system.
Sec. 2617a.
A physician or an individual in charge of a health facility who is present for or is aware of a maternal death shall submit information regarding that death at the time and in the manner specified or approved by the department for inclusion in the health information system established under section 2616. As used in this section:
(a) "Health facility" means a hospital, freestanding surgical outpatient facility, or other outpatient facility that is licensed or otherwise authorized to operate in this state under article 17.
(b) "Maternal death" means the death of a woman who was pregnant at the time of her death or within 1 year before her death.
(c) "Physician" means an individual who is licensed or otherwise authorized to engage in the practice of medicine or practice of osteopathic medicine and surgery under article 15.
History:
Add. 2016, Act 479, Eff. Apr. 6, 2017
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-26 - Part 26 Data, Information, and Research (333.2601...333.2692) › Section 333.2618 - Publications; Annual Report; Summary Report; Statement of Limitations of Data Used.

333.2618 Publications; annual report; summary report; statement of limitations of data used.
Sec. 2618.
The department shall publish and make available periodically to agencies and individuals health statistics publications of general interest, publications bringing health statistics into focus on priority programmatic issues and health profiles. An annual report on the health information system shall be made available to the governor and the legislature and to collaborating agencies. A summary report of each area described in sections 2616 and 2617 shall be included in the annual report not less than once each 5 years. The department shall include in the report a statement of the limitations of the data used in terms of their quality, accuracy, and completeness.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368