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) › 368-1978-17-209A - Part 209a Critical Incident Stress Management Services (333.20981...333.20983) › Section 333.20983 - Liability.

333.20983 Liability.
Sec. 20983.
(1) Except as otherwise provided in subsection (2), a CISM team or a CISM team member providing CISM services is not liable for damages, including personal injury, wrongful death, property damage, or other loss related to the CISM team's or CISM team member's act, error, or omission in performing CISM services, unless the act, error, or omission constitutes wanton, willful, or intentional misconduct.
(2) Subsection (1) does not apply to an action for medical malpractice.
History:
Add. 2016, Act 40, Eff. June 13, 2016
Compiler's Notes:
Enacting section 1 of Act 40 of 2016 provides:"Enacting section 1. This amendatory act applies only to critical incident stress management services provided in relation to a critical incident that occurs on or after 90 days after the date this amendatory act is enacted into law."
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) › 368-1978-17-210 - Part 210 Health Maintenance Organizations (333.21001...333.21099) › Section 333.21001-333.21099 - Repealed. 1982, Act 354, Imd. Eff. Dec. 21, 1982;—1987, Act 149, Imd. Eff. Oct. 26, 1987;—1988, Act 315, Eff. Mar. 30, 1989;—1996, Act 472, Eff. Oct. 1, 1997;—2000, Act 252, Imd. Eff. June 29, 2000.

333.21001-333.21099 Repealed. 1982, Act 354, Imd. Eff. Dec. 21, 1982;—1987, Act 149, Imd. Eff. Oct. 26, 1987;—1988, Act 315, Eff. Mar. 30, 1989;—1996, Act 472, Eff. Oct. 1, 1997;—2000, Act 252, Imd. Eff. June 29, 2000.
Popular Name:
Act 368
Popular Name:
HMO
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) › 368-1978-17-213 - Part 213 Homes for the Aged (333.21301...333.21335) › Section 333.21301 - Definitions and Principles of Construction.

333.21301 Definitions and principles of construction.
Sec. 21301.
Article 1 contains general definitions and principles of construction applicable to all articles in this code and part 201 contains definitions applicable to this part.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of powers and duties of the division of health facility licensing and certification in the bureau of health systems, division of federal support services, and the division of emergency medical services, with the exception of the division of managed care and division of health facility development, from the department of public health to the director of the department of commerce, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.For transfer of powers and duties of the bureau of health services from the department of consumer and industry services to the director of the department of community health by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
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) › 368-1978-17-213 - Part 213 Homes for the Aged (333.21301...333.21335) › Section 333.21302 - "Continuing Care Community," and "Supervised Personal Care" Defined.

333.21302 "Continuing care community," and "supervised personal care" defined.
Sec. 21302.
(1) "Continuing care community" means that term as defined in section 3 of the continuing care community disclosure act, 2014 PA 448, MCL 554.903.
(2) "Supervised personal care" means the direct guidance or hands-on assistance with activities of daily living offered by a facility to residents of the facility that include 2 or more of the following services provided by the facility to any resident for 30 or more consecutive days as documented in the resident's service plan:
(a) Direct and regular involvement by staff in assisting a resident with the administration of the resident's prescription medications, including direct supervision of the resident taking medication in accordance with the instructions of the resident's licensed health care professional.
(b) Hands-on assistance by staff in carrying out 2 or more of the following activities of daily living: eating, toileting, bathing, grooming, dressing, transferring, and mobility.
(c) Direct staff involvement in a resident's personal and social activities or the use of devices to enhance resident safety by controlling resident egress from the facility.
History:
Add. 2017, Act 167, Eff. Feb. 11, 2018
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) › 368-1978-17-213 - Part 213 Homes for the Aged (333.21301...333.21335) › Section 333.21307 - Exemptions.

333.21307 Exemptions.
Sec. 21307.
This part does not authorize the medical supervision, regulation, or control of the remedial care or treatment of residents in a home for the aged operated for the adherents of a bona fide church or religious denomination who rely on treatment by prayer or spiritual means only in accordance with the creed or tenets of that church or denomination. The residents, personnel, or employees, other than food handlers, of the home are not required to submit to a medical or physical examination.
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) › 368-1978-17-213 - Part 213 Homes for the Aged (333.21301...333.21335) › Section 333.21311 - License Required; Use of "Home for Aged" or Similar Term or Abbreviation; Minimum Age for Admission; Waiver of Age Limitation; Documentation; Determination by Director.

333.21311 License required; use of "home for aged" or similar term or abbreviation; minimum age for admission; waiver of age limitation; documentation; determination by director.
Sec. 21311.
(1) Except as provided in section 21311a, a home for the aged shall be licensed under this article.
(2) "Home for the aged" or a similar term or abbreviation shall not be used to describe or refer to a health facility or agency unless the health facility or agency is licensed as a home for the aged by the department under this article.
(3) Except as otherwise provided in this subsection, a home for the aged shall not admit an individual under 55 years of age. Upon the request of a home for the aged and subject to subsection (4), the director shall waive the age limitation imposed by this subsection if the individual, the individual's guardian or other legal representative, if appointed, and the owner, operator, and governing body of the home for the aged, upon consultation with the individual's physician, agree on each of the following:
(a) The home for the aged is capable of meeting all of the individual's medical, social, and other needs as determined in the individual's plan of service.
(b) The individual will be compatible with the other residents of that home for the aged.
(c) The placement in that home for the aged is in the best interests of the individual.
(4) The owner, operator, and governing body of the home for the aged shall submit, with its request for a waiver, documentation to the director that supports each of the points of agreement necessary under subsection (3). Within 5 days after receipt of the information required under this subsection, the director shall determine if that documentation collectively substantiates each of the points of agreement necessary under subsection (3) and approve or deny the waiver. If denied, the director shall send a written notice of the denial and the reasons for denial to the requesting party.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1984, Act 311, Eff. Mar. 29, 1985 ;-- Am. 2004, Act 74, Imd. Eff. Apr. 21, 2004 ;-- Am. 2017, Act 167, Eff. Feb. 11, 2018
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) › 368-1978-17-213 - Part 213 Homes for the Aged (333.21301...333.21335) › Section 333.21321 - Bond Required.

333.21321 Bond required.
Sec. 21321.
(1) Before issuance of a license under this article, the owner, operator, or governing body of the applicant shall give a bond with a surety approved by the department. The bond shall insure the department for the benefit of the residents. The bond shall be conditioned that the applicant do all of the following:
(a) Hold separately and in trust all resident funds deposited with the applicant.
(b) Administer the funds on behalf of a resident in the manner directed by the depositor.
(c) Render a true and complete account to the resident, the depositor, and the department when requested.
(d) Account, on termination of the deposit, for all funds received, expended, and held on hand.
(2) The bond shall be in an amount equal to not less than 1-1/4 times the average balance of resident funds held during the prior year. The department may require an additional bond or permit filing of a bond in a lower amount, if the department determines that a change in the average balance has occurred or may occur. An applicant for a new license shall file a bond in an amount which the department estimates as 1-1/4 times the average amount of funds which the applicant, upon issuance of the license, is likely to hold during the first year of operation.
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) › 368-1978-17-213 - Part 213 Homes for the Aged (333.21301...333.21335) › Section 333.21325 - Removal of Resident From Home for the Aged; Conditions.

333.21325 Removal of resident from home for the aged; conditions.
Sec. 21325.
If a resident of a home for the aged is receiving care in the facility in addition to the room, board, and supervised personal care specified in section 20106(3), as determined by a physician, the department shall not order the removal of the resident from the home for the aged if both of the following conditions are met:
(a) The resident, the resident's family, the resident's physician, and the owner, operator, and governing body of the home for the aged consent to the resident's continued stay in the home for the aged.
(b) The owner, operator, and governing body of the home for the aged commit to assuring that the resident receives the necessary additional services.
History:
Add. 2000, Act 437, Imd. Eff. Jan. 9, 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) › 368-1978-17-213 - Part 213 Homes for the Aged (333.21301...333.21335) › Section 333.21331 - Licensee Considered Consumer of Tangible Personal Property.

333.21331 Licensee considered consumer of tangible personal property.
Sec. 21331.
A licensee of a home for the aged operated for profit is considered to be the consumer, and not the retailer, of tangible personal property purchased and used or consumed in operation of the home.
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) › 368-1978-17-213 - Part 213 Homes for the Aged (333.21301...333.21335) › Section 333.21332 - Home for the Aged; Influenza Vaccination.

333.21332 Home for the aged; influenza vaccination.
Sec. 21332.
A home for the aged shall offer each resident, or shall provide each resident with information and assistance in obtaining, an annual vaccination against influenza in accordance with the most recent recommendations of the advisory committee on immunization practices of the federal centers for disease control and prevention, as approved by the department of community health.
History:
Add. 2000, Act 437, Imd. Eff. Jan. 9, 2001
Popular Name:
Act 368
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) › 368-1978-17-213 - Part 213 Homes for the Aged (333.21301...333.21335) › Section 333.21333 - Repealed. 2009, Act 188, Eff. May 1, 2010.

333.21333 Repealed. 2009, Act 188, Eff. May 1, 2010.
Compiler's Notes:
The repealed section pertained to smoking policies in homes 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) › 368-1978-17-213 - Part 213 Homes for the Aged (333.21301...333.21335) › Section 333.21335 - Requirement of Emergency Generator System in Home for the Aged.

333.21335 Requirement of emergency generator system in home for the aged.
Sec. 21335.
(1) Except as provided under subsection (2), a home for the aged seeking a license or a renewal of a license under this article shall have, at a minimum, an emergency generator system that during an interruption of the normal electrical supply is capable of both of the following:
(a) Providing not less than 4 hours of service.
(b) Generating enough power to provide lighting at all entrances and exits and to operate equipment to maintain fire detection, alarm, and extinguishing systems, telephone switchboards, heating plant controls, and other critical mechanical equipment essential to the safety and welfare of the residents, personnel, and visitors.
(2) A home for the aged that is licensed under this article on the effective date of the amendatory act that added this section is not required to comply with subsection (1) until that home for the aged undergoes any major building modification. As used in this section, "major building modification" means an alteration of walls that creates a new architectural configuration or revision to the mechanical or electrical systems that significantly revises the design of the system or systems. Major building modification does not include normal building maintenance, repair, or replacement with equivalent components or a change in room function.
(3) A home for the aged that is exempt from compliance under subsection (2) shall notify the local medical control authority and the local law enforcement agency that it does not have an emergency generator on site. Until a home for the aged undergoes any major building modification as provided under subsection (2), a home for the aged that is exempt from compliance under subsection (2) shall file with the department a copy of the home for the aged's written policies and procedures and existing plans or agreements for emergency situations, including in the event of an interruption of the normal electrical supply.
(4) A home for the aged that fails to comply with this section is subject to a civil penalty of not more than $2,000.00 for each violation. Each day a violation continues is a separate offense and shall be assessed a civil penalty of not less than $500.00 for each day during which the failure continues.
History:
Add. 2004, Act 397, Eff. Apr. 15, 2005
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) › 368-1978-17-214 - Part 214 Hospices (333.21401...333.21421) › Section 333.21401 - Definitions; Principles of Construction.

333.21401 Definitions; principles of construction.
Sec. 21401.
(1) As used in this part:
(a) "Home care" means a level of care provided to a patient that is consistent with the categories "routine home care" or "continuous home care" described in 42 C.F.R. 418.302(b)(1) and (2).
(b) "Hospice residence" means a facility that meets all of the following:
(i) Provides 24-hour hospice care to 2 or more patients at a single location.
(ii) Either provides inpatient care directly in compliance with this article and with the standards set forth in 42 C.F.R. 418.100 or provides home care as described in this article.
(iii) Is owned, operated, and governed by a hospice program that is licensed under this article and provides aggregate days of patient care on a biennial basis to not less than 51% of its hospice patients in their own homes. As used in this subparagraph, "home" does not include a residence established by a patient in a health facility or agency licensed under this article or a residence established by a patient in an adult foster care facility licensed under the adult foster care facility licensing act, Act No. 218 of the Public Acts of 1979, being sections 400.701 to 400.737 of the Michigan Compiled Laws.
(c) "Inpatient care" means a level of care provided to a patient that is consistent with the categories "inpatient respite care day" and "general inpatient care day" described in 42 C.F.R. 418.302(b)(3) and (4).
(2) Article 1 contains general definitions and principles of construction applicable to all articles in this code and part 201 contains definitions applicable to this part.
History:
Add. 1980, Act 293, Eff. Mar. 31, 1981 ;-- Am. 1996, Act 267, Imd. Eff. June 12, 1996
Compiler's Notes:
For transfer of powers and duties of the division of health facility licensing and certification in the bureau of health systems, division of federal support services, and the division of emergency medical services, with the exception of the division of managed care and division of health facility development, from the department of public health to the director of the department of commerce, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.For transfer of powers and duties of the bureau of health services from the department of consumer and industry services to the director of the department of community health by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
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) › 368-1978-17-214 - Part 214 Hospices (333.21401...333.21421) › Section 333.21411 - License for Hospice or Hospice Residence Required; Exception; Use of Term “Hospice”; Representation as Hospice Residence; Exemption From Licensure; Separate License for Health Facility or Agency; Activities of Health Facility or Agency Not Restricted; Inspections and Concurrent Issuance of Licenses.

333.21411 License for hospice or hospice residence required; exception; use of term “hospice”; representation as hospice residence; exemption from licensure; separate license for health facility or agency; activities of health facility or agency not restricted; inspections and concurrent issuance of licenses.
Sec. 21411.
(1) Except as provided in subsection (5), a hospice or hospice residence shall be licensed as required under this article.
(2) The term "hospice" shall not be used to describe or refer to a health program or agency unless that program or agency is licensed as a hospice by the department as required under this article or is exempted from licensure as provided in subsection (5).
(3) A person shall not represent itself as a hospice residence unless that person is licensed as a hospice residence by the department as required under this article.
(4) A hospital, nursing home, home for the aged, county medical care facility, or any other health facility or agency that operates a hospice or hospice residence shall be licensed as a hospice or hospice residence under this article.
(5) A hospice is exempt from licensure under this article if the hospice meets all of the following requirements:
(a) Provides services to not more than 7 patients per month on a yearly average.
(b) Does not charge or receive fees for goods or services provided.
(c) Does not receive third party reimbursement for goods or services provided.
(6) If a hospice provides inpatient services that meet the definition of a hospital, nursing home, home for the aged, county medical care facility, hospice residence, or other health facility or agency, the hospice or hospice residence shall obtain a separate license as required under this article for that hospital, nursing home, home for the aged, county medical care facility, hospice residence, or other health facility or agency.
(7) This part does not restrict an activity of a health facility or agency if the activity is permitted under the license held by that health facility or agency.
(8) If separate licensure is required under this section, the department may conduct inspections and issue the required licenses concurrently.
History:
Add. 1980, Act 293, Eff. Mar. 31, 1981 ;-- Am. 1984, Act 16, Imd. Eff. Mar. 1, 1984 ;-- Am. 1996, Act 267, Imd. Eff. June 12, 1996
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) › 368-1978-17-214 - Part 214 Hospices (333.21401...333.21421) › Section 333.21413 - Duties of Owner, Operator, and Governing Body of Hospice or Hospice Residence.

333.21413 Duties of owner, operator, and governing body of hospice or hospice residence.
Sec. 21413.
(1) The owner, operator, and governing body of a hospice or hospice residence licensed under this article:
(a) Are responsible for all phases of the operation of the hospice or hospice residence and for the quality of care and services rendered by the hospice or hospice residence.
(b) Shall cooperate with the department in the enforcement of this part, and require that the physicians and other personnel working in the hospice or hospice residence and for whom a license or registration is required be currently licensed or registered.
(c) Shall not discriminate because of race, religion, color, national origin, or sex, in the operation of the hospice or hospice residence including employment, patient admission and care, and room assignment.
(2) As a condition of licensure as a hospice residence, an applicant shall have been licensed under this article as a hospice and in compliance with the standards set forth in 42 C.F.R. part 418 for not less than the 2 years immediately preceding the date of application for licensure. A hospice residence licensed under this article may provide both home care and inpatient care at the same location. A hospice residence providing inpatient care shall comply with the standards in 42 C.F.R. 418.100.
(3) In addition to the requirements of subsections (1) and (2) and section 21415, the owner, operator, and governing body of a hospice residence that is licensed under this article and that provides care only at the home care level shall do all of the following:
(a) Provide 24-hour nursing services for each patient in accordance with the patient's hospice care plan as required under 42 C.F.R. part 418.
(b) Have an approved plan for infection control that includes making provisions for isolating each patient with an infectious disease.
(c) Obtain fire safety approval pursuant to section 20156.
(d) Equip each patient room with a device approved by the department for calling the staff member on duty.
(e) Design and equip areas within the hospice residence for the comfort and privacy of each patient and his or her family members.
(f) Permit patients to receive visitors at any hour, including young children.
(g) Provide individualized meal service plans in accordance with 42 C.F.R. 418.100(j).
(h) Provide appropriate methods and procedures for the storage, dispensing, and administering of drugs and biologicals pursuant to 42 C.F.R. 418.100(k).
History:
Add. 1980, Act 293, Eff. Mar. 31, 1981 ;-- Am. 1996, Act 267, Imd. Eff. June 12, 1996
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) › 368-1978-17-214 - Part 214 Hospices (333.21401...333.21421) › Section 333.21415 - Program of Planned and Continuous Hospice Care; Direction of Medical Components; Coordination, Design, and Provision of Hospice Services.

333.21415 Program of planned and continuous hospice care; direction of medical components; coordination, design, and provision of hospice services.
Sec. 21415.
(1) A hospice or a hospice residence shall provide a program of planned and continuous hospice care, the medical components of which shall be under the direction of a physician.
(2) Hospice care shall consist of a coordinated set of services rendered at home or in hospice residence or other institutional settings on a continuous basis for individuals suffering from a disease or condition with a terminal prognosis. The coordination of services shall assure that the transfer of a patient from 1 setting to another will be accomplished with a minimum disruption and discontinuity of care. Hospice services shall address the physical, psychological, social, and spiritual needs of the individual and shall be designed to meet the related needs of the individual's family through the periods of illness and bereavement. These hospice services shall be provided through a coordinated interdisciplinary team that may also include services provided by trained volunteers.
History:
Add. 1980, Act 293, Eff. Mar. 31, 1981 ;-- Am. 1996, Act 267, Imd. Eff. June 12, 1996
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) › 368-1978-17-214 - Part 214 Hospices (333.21401...333.21421) › Section 333.21417 - Disease or Condition With Terminal Prognosis as Prerequisite for Admission to or Retention for Care.

333.21417 Disease or condition with terminal prognosis as prerequisite for admission to or retention for care.
Sec. 21417.
An individual shall not be admitted to or retained for care by a hospice or a hospice residence unless the individual is suffering from a disease or condition with a terminal prognosis. An individual shall be considered to have a disease or condition with a terminal prognosis if, in the opinion of a physician, the individual's death is anticipated within 6 months after the date of admission to the hospice or hospice residence. If a person lives beyond a 6-month or less prognosis, the person is not disqualified from receiving continued hospice care.
History:
Add. 1980, Act 293, Eff. Mar. 31, 1981 ;-- Am. 1996, Act 267, Imd. Eff. June 12, 1996
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) › 368-1978-17-214 - Part 214 Hospices (333.21401...333.21421) › Section 333.21419 - Rules.

333.21419 Rules.
Sec. 21419.
(1) Not later than 1 year after the effective date of this part, the department shall submit for a public hearing proposed rules necessary to implement and administer this part.
(2) The rules promulgated pursuant to subsection (1) shall not establish standards related to the credentials of an individual providing care in a hospice program, whether as an employee of a program or volunteer in a program, unless, with respect to the type of care the individual would provide in the hospice program, a license or other credential is required by law for an individual providing that care.
History:
Add. 1980, Act 293, Eff. Mar. 31, 1981
Popular Name:
Act 368
Admin Rule:
R 325.13101 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) › 368-1978-17-214 - Part 214 Hospices (333.21401...333.21421) › Section 333.21420 - Exemption of Hospices From License Fees and Certificate of Need Fees; Period.

333.21420 Exemption of hospices from license fees and certificate of need fees; period.
Sec. 21420.
Notwithstanding any other provision of this act, all hospices shall be exempt from license fees and certificate of need fees for 3 years after the first hospice is licensed under this article.
History:
Add. 1980, Act 293, Eff. Mar. 31, 1981 ;-- Am. 1982, Act 245, Imd. Eff. Sept. 23, 1982
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) › 368-1978-17-214 - Part 214 Hospices (333.21401...333.21421) › Section 333.21421 - Repealed. 1987, Act 149, Imd. Eff. Oct. 26, 1987.

333.21421 Repealed. 1987, Act 149, Imd. Eff. Oct. 26, 1987.
Compiler's Notes:
The repealed section provided for the expiration of this part.
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) › 368-1978-17-215 - Part 215 Hospitals (333.21501...333.21571) › Section 333.21511 - License Required; Use of Term “hospital.”

333.21511 License required; use of term “hospital.”
Sec. 21511.
(1) A hospital shall be licensed under this article.
(2) "Hospital" shall not be used to describe or refer to a health facility unless the health facility is licensed as a hospital by the department under this article. This section does not apply to a hospital licensed or operated by the department of mental health or the federal government or to a veterinary hospital.
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) › 368-1978-17-215 - Part 215 Hospitals (333.21501...333.21571) › Section 333.21513 - Owner, Operator, and Governing Body of Hospital; Responsibilities and Duties Generally.

333.21513 Owner, operator, and governing body of hospital; responsibilities and duties generally.
Sec. 21513.
The owner, operator, and governing body of a hospital licensed under this article:
(a) Are responsible for all phases of the operation of the hospital, selection of the medical staff, and quality of care rendered in the hospital.
(b) Shall cooperate with the department in the enforcement of this part, and require that the physicians, dentists, and other personnel working in the hospital who are required to be licensed or registered are in fact currently licensed or registered.
(c) Shall ensure that physicians and dentists admitted to practice in the hospital are granted hospital privileges consistent with their individual training, experience, and other qualifications.
(d) Shall ensure that physicians and dentists admitted to practice in the hospital are organized into a medical staff to enable an effective review of the professional practices in the hospital for the purpose of reducing morbidity and mortality and improving the care provided in the hospital for patients. The review must include the quality and necessity of the care provided and the preventability of complications and deaths occurring in the hospital.
(e) Shall not discriminate because of race, religion, color, national origin, age, or sex in the operation of the hospital including employment, patient admission and care, room assignment, and professional or nonprofessional selection and training programs, and shall not discriminate in the selection and appointment of individuals to the physician staff of the hospital or its training programs on the basis of licensure or registration or professional education as doctors of medicine, osteopathic medicine and surgery, or podiatry.
(f) Shall ensure that the hospital adheres to medical control authority protocols according to section 20918.
(g) Shall ensure that the hospital develops and maintains a plan for biohazard detection and handling.
(h) Shall notify the department of health and human services if the owner, operator, or governing body of the hospital applies for designation as a rural emergency hospital.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1984, Act 327, Imd. Eff. Dec. 26, 1984 ;-- Am. 1986, Act 174, Imd. Eff. July 7, 1986 ;-- Am. 1987, Act 178, Imd. Eff. Nov. 19, 1987 ;-- Am. 1989, Act 27, Eff. Dec. 31, 1989 ;-- Am. 1990, Act 179, Imd. Eff. July 2, 1990 ;-- Am. 1993, Act 79, Eff. Apr. 1, 1994 ;-- Am. 2002, Act 125, Imd. Eff. Apr. 1, 2002 ;-- Am. 2022, Act 265, Imd. Eff. Dec. 22, 2022
Compiler's Notes:
Section 3 of Act 174 of 1986 provides: “This amendatory act shall only apply to contested cases filed on or after July 1, 1986.”
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) › 368-1978-17-215 - Part 215 Hospitals (333.21501...333.21571) › Section 333.21515 - Confidentiality of Records, Data, and Knowledge.

333.21515 Confidentiality of records, data, and knowledge.
Sec. 21515.
The records, data, and knowledge collected for or by individuals or committees assigned a review function described in this article are confidential and shall be used only for the purposes provided in this article, shall not be public records, and shall not be available for court subpoena.
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) › 368-1978-17-215 - Part 215 Hospitals (333.21501...333.21571) › Section 333.21521 - Minimum Standards and Rules; Practices.

333.21521 Minimum standards and rules; practices.
Sec. 21521.
A hospital shall meet the minimum standards and rules authorized by this article and shall endeavor to carry out practices that will further protect the public health and safety, prevent the spread of disease, alleviate pain and disability, and prevent premature death.
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) › 368-1978-17-215 - Part 215 Hospitals (333.21501...333.21571) › Section 333.21523 - Strictness of Rules and Standards.

333.21523 Strictness of rules and standards.
Sec. 21523.
(1) The rules for operation and maintenance of hospitals shall not be less strict than those required for certification of hospitals under part D of title XVIII of the social security act, chapter 531, 79 Stat. 313, 42 U.S.C. 1395x to 1395yy and 1395bbb to 1395ggg.
(2) The standards relating to construction, additions, modernization, or conversion of hospitals shall not be less strict than the standards contained in the document entitled "Minimum Design Standards for Health Care Facilities in Michigan" published by the department, dated March 1998.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2002, Act 683, Imd. Eff. Dec. 30, 2002
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) › 368-1978-17-215 - Part 215 Hospitals (333.21501...333.21571) › Section 333.21527 - Sexual Medical Forensic Examination; Administration of Sexual Assault Evidence Kit; Payment Provisions; "Sexual Assault Evidence Kit" Defined.

333.21527 Sexual medical forensic examination; administration of sexual assault evidence kit; payment provisions; "sexual assault evidence kit" defined.
Sec. 21527.
(1) If an individual alleges to a physician or other member of the attending or admitting staff of a hospital that within the preceding 120 hours the individual has been the victim of criminal sexual conduct under sections 520a to 520l of the Michigan penal code, 1931 PA 328, MCL 750.520a to 750.520l, the attending health care personnel responsible for examining or treating the individual immediately shall inform the individual of the availability of a sexual assault medical forensic examination, including the administration of a sexual assault evidence kit. If consented to by the individual, the attending health care personnel shall perform or have performed on the individual the sexual assault medical forensic examination, including the procedures required by the sexual assault evidence kit. The attending health care personnel shall also inform the individual of the provisions for payment for the sexual assault medical forensic examination under section 5a of 1976 PA 223, MCL 18.355a.
(2) As used in this section, "sexual assault evidence kit" means a standardized set of equipment and written procedures approved by the department of state police that have been designed to be administered to an individual principally for the purpose of gathering evidence of sexual conduct, which evidence is of the type offered in court by the forensic science division of the department of state police for prosecuting a case of criminal sexual conduct under sections 520a to 520l of the Michigan penal code, 1931 PA 328, MCL 750.520a to 750.520l.
History:
Add. 1988, Act 3, Imd. Eff. Feb. 5, 1988 ;-- Am. 2014, Act 320, Eff. Jan. 1, 2015
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) › 368-1978-17-215 - Part 215 Hospitals (333.21501...333.21571) › Section 333.21529 - Repealed. 2010, Act 23, Eff. Apr. 1, 2012.

333.21529 Repealed. 2010, Act 23, Eff. Apr. 1, 2012.
Compiler's Notes:
The repealed section pertained to establishment of seasonal influenza immunization policy.
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) › 368-1978-17-215 - Part 215 Hospitals (333.21501...333.21571) › Section 333.21530 - Repealed. 2010, Act 21, Eff. Apr. 1, 2012.

333.21530 Repealed. 2010, Act 21, Eff. Apr. 1, 2012.
Compiler's Notes:
The repealed section pertained to influenza immunization for individual admitted to hospital.
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) › 368-1978-17-215 - Part 215 Hospitals (333.21501...333.21571) › Section 333.21531 - Repealed. 1988, Act 315, Eff. Mar. 30, 1989.

333.21531 Repealed. 1988, Act 315, Eff. Mar. 30, 1989.
Compiler's Notes:
The repealed section pertained to smoking policy.
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) › 368-1978-17-215 - Part 215 Hospitals (333.21501...333.21571) › Section 333.21532 - Acknowledgment of Parentage.

333.21532 Acknowledgment of parentage.
Sec. 21532.
(1) A hospital shall provide to an unmarried mother of a live child born in that hospital an acknowledgment of parentage form that can be completed by the child's mother and father to acknowledge paternity of the child as provided in the acknowledgment of parentage act. The hospital shall provide to the parents the information developed as required by subsection (2) on the purpose and completion of the form and on the rights and responsibilities of the parents. Execution of an acknowledgment of parentage as provided in the acknowledgment of parentage act establishes the child's legal paternity. The hospital shall forward a completed acknowledgment of parentage to the state register for recording.
(2) The department shall develop and distribute free of charge to hospitals the acknowledgment of parentage form, the information on the purpose and completion of the form, and the information on the rights and responsibilities of the parents. The hospital shall provide assistance and training to hospital staff assigned responsibility for obtaining the forms, as appropriate. The acknowledgment of parentage form and information shall clearly state that completion of the form is voluntary on the part of the mother and father, and shall include all of the notices as provided in section 7 of the acknowledgment of parentage act. The hospital shall provide each parent with a copy of the completed form.
(3) A hospital is immune from civil or criminal liability for providing the form required by this section, the information developed as required by this section, or otherwise fulfilling its duties under this section.
History:
Add. 1993, Act 116, Eff. Jan. 21, 1993 ;-- Am. 1996, Act 6, Eff. June 1, 1996 ;-- Am. 1996, Act 307, Eff. June 1, 1997
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) › 368-1978-17-215 - Part 215 Hospitals (333.21501...333.21571) › Section 333.21533 - Acknowledgment of Paternity.

333.21533 Acknowledgment of paternity.
Sec. 21533.
Upon request, the department shall provide to an unmarried mother of a child or to a putative father an acknowledgment of parentage form that can be completed by the child's mother and father to acknowledge the child's paternity as provided in the acknowledgment of parentage act, 1996 PA 305, MCL 722.1001 to 722.1013. The department shall provide to the mother and putative father the information developed as required by section 21532 on the purpose and completion of the form and on the parents' rights and responsibilities.
History:
Add. 1998, Act 332, Imd. Eff. Aug. 10, 1998
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) › 368-1978-17-215 - Part 215 Hospitals (333.21501...333.21571) › Section 333.21534 - Hospice Care Information Provided by Hospital.

333.21534 Hospice care information provided by hospital.
Sec. 21534.
Upon the request of a patient, a patient's physician, a member of the patient's family, the patient's designated patient advocate, or the patient's legal guardian, a hospital shall provide information orally and in writing to the requesting party regarding hospice and palliative care services and the availability of hospice care in the area in which the hospital is located. The hospital shall provide the information whether or not the hospital provides hospice care.
History:
Add. 2001, Act 219, Imd. Eff. Dec. 28, 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) › 368-1978-17-215 - Part 215 Hospitals (333.21501...333.21571) › Section 333.21535 - Nonopioid Directive Form.

333.21535 Nonopioid directive form.
Sec. 21535.
A hospital shall make available to the public the nonopioid directive form developed under section 9145 on the hospital's internet website.
History:
Add. 2022, Act 44, Imd. Eff. Mar. 23, 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) › 368-1978-17-215 - Part 215 Hospitals (333.21501...333.21571) › Section 333.21540 - Use of Aircraft Transport Vehicle or Rotary Aircraft Ambulance; Nonemergency Patient; Medically Necessary; Violation; Liability.

333.21540 Use of aircraft transport vehicle or rotary aircraft ambulance; nonemergency patient; medically necessary; violation; liability.
Sec. 21540.
(1) A nonemergency patient shall be transported by an ambulance that is a motor vehicle instead of an aircraft transport vehicle or ambulance that is a rotary aircraft, unless transporting the patient by an aircraft transport vehicle or ambulance that is a rotary aircraft is medically necessary for the patient.
(2) If it is determined that ordering an aircraft transport vehicle or ambulance that is a rotary aircraft to transport a nonemergency patient is medically necessary for the nonemergency patient, an aircraft transport vehicle from an aircraft transport operation, or an ambulance that is a rotary aircraft from an ambulance operation, that is a participating provider with the nonemergency patient's health benefit plan must be ordered before ordering an aircraft transport vehicle from an aircraft transport operation, or an ambulance that is a rotary aircraft from an ambulance operation, that is not a participating provider with the nonemergency patient's health benefit plan. This subsection does not apply if the hospital does not have electronic access to the information described in section 21541(1)(a)(i)(A) and (B).
(3) A hospital that violates this section is liable to the aircraft transport operation or ambulance operation for the reasonable cost of transporting the nonemergency patient, as negotiated between the hospital and the aircraft transport operation or ambulance operation, to the extent that the cost exceeds the amount covered by the patient's health benefit plan.
History:
Add. 2018, Act 383, Eff. Mar. 19, 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) › 368-1978-17-215 - Part 215 Hospitals (333.21501...333.21571) › Section 333.21542 - Granting Right to Land by Hospital; Violation; Liability.

333.21542 Granting right to land by hospital; violation; liability.
Sec. 21542.
(1) If a hospital has the infrastructure necessary to allow an aircraft transport vehicle or ambulance that is a rotary aircraft to land at the hospital, the hospital shall grant the right to land at the hospital to an aircraft transport vehicle or ambulance that is a rotary aircraft, that is a participating provider with a patient's health benefit plan. If a hospital denies an aircraft transport vehicle or ambulance that is a rotary aircraft the right to land at the hospital, the hospital shall, within 10 days after the denial, provide to the person designated in the patient's health benefit plan written documentation explaining the reason for the denial. A hospital shall not deny an aircraft transport vehicle or ambulance that is a rotary aircraft the right to land at the hospital for the purpose of allowing an aircraft transport vehicle that is a contracted provider with the hospital or ambulance that is a rotary aircraft that is a contracted provider with the hospital to remain on standby.
(2) In addition to the sanctions set forth in section 20165, a hospital that violates this section is liable to the aircraft transport operation or ambulance operation for the cost of transporting the patient by that operation's aircraft transport vehicle or ambulance that is a rotary aircraft to the extent that the cost exceeds the amount covered by the patient's health benefit plan.
History:
Add. 2018, Act 385, Eff. Mar. 19, 2019
Popular Name:
Act 368