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) › 368-1978-17-219 - Part 219 Nurse Aide Training and Registration Program (333.21901...333.21925) › Section 333.21905 - Definitions; P to R.

***** 333.21905 THIS SECTION IS AMENDED EFFECTIVE MARCH 7, 2024: See 333.21905.amended *****
333.21905 Definitions; P to R.
Sec. 21905.
(1) "Permit" means an authorization granted by the department under this part to conduct training or instruction of nurse aide candidates under the program.
(2) "Practice as a nurse aide" means providing nursing or nursing-related services to a patient or resident. Practice as a nurse aide is not the practice of nursing as that term is defined in section 17201.
(3) "Program" means the nurse aide training and registration program described in section 21907.
(4) "Registration" means an authorization granted by the department under this part granting permission to an individual to practice as a nurse aide under the program.
History:
Add. 2017, Act 172, Eff. Feb. 19, 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) › 368-1978-17-219 - Part 219 Nurse Aide Training and Registration Program (333.21901...333.21925) › Section 333.21905.amended - Definitions; P to R.

***** 333.21905.amended THIS AMENDED SECTION IS EFFECTIVE MARCH 7, 2024 *****
333.21905.amended Definitions; P to R.
Sec. 21905.
(1) "Permit" means an authorization granted by the department under this part to conduct training or instruction of nurse aide candidates under the program described in section 21907(a) or medication aide candidates under the described in section 21907(b).
(2) "Practice as a medication aide" means administering regularly scheduled medications to residents of a nursing home or skilled nursing facility while under the supervision of a registered professional nurse licensed under article 15. Practice as a medication aide is not the practice of nursing as that term is defined in section 17201 and does not include administering controlled substances, administering medications in injectable forms, the initial administration of medications, or the administration of as needed medications including pro re nata medications.
(3) "Practice as a nurse aide" means providing nursing or nursing-related services to a patient or resident. Practice as a nurse aide is not the practice of nursing as that term is defined in section 17201.
(4) "Qualified educational institution" means a degree- or certificate-granting public or private college or university, junior college, or community college.
(5) "Registration" means an authorization granted by the department under this part granting permission to an individual to engage in practice as a nurse aide under the program described in section 21907(a) or engage in practice as a medication aide under the program described in section 21907(b).
History:
Add. 2017, Act 172, Eff. Feb. 19, 2018 ;-- Am 2023, Act 274, Eff. Mar. 7, 2024
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) › 368-1978-17-219 - Part 219 Nurse Aide Training and Registration Program (333.21901...333.21925) › Section 333.21907 - Nurse Aide Training and Registration; Administration by Department; Compliance.

***** 333.21907 THIS SECTION IS AMENDED EFFECTIVE MARCH 7, 2024: See 333.21907.amended *****
333.21907 Nurse aide training and registration; administration by department; compliance.
Sec. 21907.
The department shall administer a nurse aide training and registration program in this state in conformance with this part, 42 USC 1396r, and 42 CFR parts 483 and 488.
History:
Add. 2017, Act 172, Eff. Feb. 19, 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) › 368-1978-17-219 - Part 219 Nurse Aide Training and Registration Program (333.21901...333.21925) › Section 333.21907.amended - Nurse Aide and Medication Aide Training, Registration, and Permit Program; Administration by Department.

***** 333.21907.amended THIS AMENDED SECTION IS EFFECTIVE MARCH 7, 2024 *****
333.21907.amended Nurse aide and medication aide training, registration, and permit program; administration by department.
Sec. 21907.
The department shall do both of the following:
(a) Administer a nurse aide training, registration, and permit program in this state in conformance with this part, 42 USC 1396r, and 42 CFR parts 483 and 488.
(b) Administer a medication aide training and permit program as established in rules promulgated by the department under this part.
History:
Add. 2017, Act 172, Eff. Feb. 19, 2018 ;-- Am. 2023, Act 273, Eff. Mar. 7, 2024
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) › 368-1978-17-219 - Part 219 Nurse Aide Training and Registration Program (333.21901...333.21925) › Section 333.21909 - Practice as Nurse Aide; Registration Required; Nurse Aid Trainer or Program; Permit Required.

***** 333.21909 THIS SECTION IS AMENDED EFFECTIVE MARCH 7, 2024: See 333.21909.amended *****
333.21909 Practice as nurse aide; registration required; nurse aid trainer or program; permit required.
Sec. 21909.
An individual shall not engage in practice as a nurse aide unless the individual holds a registration or is in compliance with 42 CFR 483.35. A person shall not offer a nurse aide training program or provide training or instruction to a nurse aide candidate unless the individual holds a permit.
History:
Add. 2017, Act 172, Eff. Feb. 19, 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) › 368-1978-17-219 - Part 219 Nurse Aide Training and Registration Program (333.21901...333.21925) › Section 333.21909.amended - Practice as Nurse Aide; Registration Required; Nurse Aide Trainer or Program; Permit Required.

***** 333.21909.amended THIS AMENDED SECTION IS EFFECTIVE MARCH 7, 2024 *****
333.21909.amended Practice as nurse aide; registration required; nurse aide trainer or program; permit required.
Sec. 21909.
(1) An individual shall not engage in practice as a nurse aide unless the individual holds a registration to engage in practice as a nurse aide or is in compliance with 42 CFR 483.35.
(2) A person shall not offer a nurse aide training program or provide training or instruction to a nurse aide candidate unless the person holds a permit to offer that training program or provide that training or instruction.
History:
Add. 2017, Act 172, Eff. Feb. 19, 2018 ;-- Am. 2023, Act 273, Eff. Mar. 7, 2024
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) › 368-1978-17-219 - Part 219 Nurse Aide Training and Registration Program (333.21901...333.21925) › Section 333.21912.added - Nurse Aide and Nurse Aide Trainer Registration or Permit; Nontransferable.

***** 333.21912.added THIS ADDED SECTION IS EFFECTIVE MARCH 7, 2024 *****
333.21912.added Nurse aide and nurse aide trainer registration or permit; nontransferable.
Sec. 21912.
A registration or permit is not transferable. A certificate of registration or certificate of permit must state the persons to which it applies.
History:
Add. 2023, Act 273, Eff. Mar. 7, 2024
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) › 368-1978-17-219 - Part 219 Nurse Aide Training and Registration Program (333.21901...333.21925) › Section 333.21913 - Applicant From Another State; Registration Requirements.

***** 333.21913 THIS SECTION IS AMENDED EFFECTIVE MARCH 7, 2024: See 333.21913.amended *****
333.21913 Applicant from another state; registration requirements.
Sec. 21913.
The department may grant registration to an applicant who is from another state if the applicant meets either of the following requirements:
(a) The applicant passes a training program that the department determines is equivalent to or exceeds a nurse aide training program offered in this state and the applicant passes a competency examination approved by the department.
(b) The applicant's status as a nurse aide in the other state is in good standing, as verified by that state's nurse aide registry, and the department determines that the other state's training program is equivalent to or exceeds a nurse aide training program offered in this state.
History:
Add. 2017, Act 172, Eff. Feb. 19, 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) › 368-1978-17-219 - Part 219 Nurse Aide Training and Registration Program (333.21901...333.21925) › Section 333.21913.amended - Applicant From Another State; Registration Requirements.

***** 333.21913.amended THIS AMENDED SECTION IS EFFECTIVE MARCH 7, 2024 *****
333.21913.amended Applicant from another state; registration requirements.
Sec. 21913.
The department may grant a registration to an applicant who is from another state and seeking a registration to practice as a nurse aide if the applicant meets any of the following requirements:
(a) The applicant passes a training program that the department determines is equivalent to or exceeds a nurse aide training program offered in this state and the applicant passes a competency examination approved by the department.
(b) The applicant's status as a nurse aide in the other state is in good standing, as verified by that state's nurse aide registry, and the department determines that the other state's training program is equivalent to or exceeds a nurse aide training program offered in this state.
History:
Add. 2017, Act 172, Eff. Feb. 19, 2018 ;-- Am. 2023, Act 273, Eff. Mar. 7, 2024
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) › 368-1978-17-219 - Part 219 Nurse Aide Training and Registration Program (333.21901...333.21925) › Section 333.21915 - Registration or Permit; Time Period Effective; Practice or Training Prohibited Until Renewal; Application for Renewal; Fee.

***** 333.21915 THIS SECTION IS AMENDED EFFECTIVE MARCH 7, 2024: See 333.21915.amended *****
333.21915 Registration or permit; time period effective; practice or training prohibited until renewal; application for renewal; fee.
Sec. 21915.
(1) A registration or permit is effective for no longer than 2 years after the date it was granted.
(2) If a nurse aide does not renew his or her registration, the nurse aide shall not practice as a nurse aide until his or her registration is renewed by the department. If a nurse aide trainer does not renew his or her permit, the nurse trainer shall not provide training to a nurse aide candidate until his or her permit is renewed by the department. If a person does not renew its permit as a nurse aide training program, the nurse aide training program shall not provide instruction to a nurse aide candidate until the permit is renewed by the department.
(3) A registration or permit is renewable if the applicant pays the fee prescribed in section 21919, submits an application for renewal to the department on a form and in a manner prescribed by the department, and demonstrates to the department that the applicant has met the requirements for renewal in rules promulgated under section 21923.
History:
Add. 2017, Act 172, Eff. Feb. 19, 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) › 368-1978-17-219 - Part 219 Nurse Aide Training and Registration Program (333.21901...333.21925) › Section 333.21915.amended - Registration or Permit; Time Period Effective; Application for Renewal.

***** 333.21915.amended THIS AMENDED SECTION IS EFFECTIVE MARCH 7, 2024 *****
333.21915.amended Registration or permit; time period effective; application for renewal.
Sec. 21915.
(1) A registration or permit is effective for no longer than 2 years after the date it was granted.
(2) A registration or permit is renewable if the applicant pays the fee prescribed in this part, submits an application for renewal to the department on a form and in a manner prescribed by the department, and demonstrates to the department that the applicant has met the requirements for renewal in rules promulgated under section 21923, including any requirement for the successful completion of continuing education.
History:
Add. 2017, Act 172, Eff. Feb. 19, 2018 ;-- Am. 2023, Act 273, Eff. Mar. 7, 2024
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) › 368-1978-17-219 - Part 219 Nurse Aide Training and Registration Program (333.21901...333.21925) › Section 333.21916.added - Practice as Nurse Aide or Training by Nurse Aide Trainer Prohibited Until Renewal of Registration or Permit.

***** 333.21916.added THIS ADDED SECTION IS EFFECTIVE MARCH 7, 2024 *****
333.21916.added Practice as nurse aide or training by nurse aide trainer prohibited until renewal of registration or permit.
Sec. 21916.
If a nurse aide does not renew the nurse aide's registration, the nurse aide shall not engage in practice as a nurse aide until the nurse aide's registration is renewed by the department. If a nurse aide trainer does not renew the nurse aide trainer's permit, the nurse aide trainer shall not provide training to a nurse aide candidate until the nurse aide trainer's permit is renewed by the department. If a person does not renew its permit as a nurse aide training program, the nurse aide training program shall not provide instruction to a nurse aide candidate until the permit is renewed by the department.
History:
Add. 2023, Act 273, Eff. Mar. 7, 2024
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) › 368-1978-17-219 - Part 219 Nurse Aide Training and Registration Program (333.21901...333.21925) › Section 333.21917 - Registration While Individual in Military Service or United States Public Health Service.

333.21917 Registration while individual in military service or United States Public Health Service.
Sec. 21917.
The registration of an individual while in active service in the military service of the United States, an auxiliary branch of the military service of the United States, or the United States Public Health Service, who was registered at the time of induction or entering into service, continues in effect without further action by the individual until discharge or leaving the service as long as the individual remains in compliance with 42 USC 1396r(b)(5)(D).
History:
Add. 2017, Act 172, Eff. Feb. 19, 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) › 368-1978-17-219 - Part 219 Nurse Aide Training and Registration Program (333.21901...333.21925) › Section 333.21918.added - Fees; Payable to Department; Revocation or Denial; Nonrefundable.

***** 333.21918.added THIS ADDED SECTION IS EFFECTIVE MARCH 7, 2024 *****
333.21918.added Fees; payable to department; revocation or denial; nonrefundable.
Sec. 21918.
The fees prescribed in this part are payable to the department or the department's contractor at the time an application for an initial or renewal registration or permit is submitted to the department. If an application for registration or permit is denied, or if a registration or permit is revoked before its expiration date, the department shall not refund the fees paid to the department.
History:
Add. 2023, Act 273, Eff. Mar. 7, 2024
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) › 368-1978-17-219 - Part 219 Nurse Aide Training and Registration Program (333.21901...333.21925) › Section 333.21919 - Fees.

***** 333.21919 THIS SECTION IS AMENDED EFFECTIVE MARCH 7, 2024: See 333.21919.amended *****
333.21919 Fees.
Sec. 21919.
(1) An applicant for registration or a permit, or renewal of a registration or a permit, shall pay the following biennial fees:
(a) Nurse aide
$20.00
(b) Nurse aide trainer
$40.00
(c) Except as otherwise provided in subdivision (d), nurse aide training program
$300.00, per site
(d) Nurse aide training program offered by a secondary education institution or a skilled nursing facility
$100.00, per site
(2) In addition to the fees prescribed in subsection (1), an applicant for registration shall pay a nurse aide competency examination fee of $125.00, per examination.
(3) The fees prescribed in this section are payable to the department or the department's contractor at the time an application for an initial or renewal registration or permit is submitted to the department. If an application for registration or permit is denied, or if registration or permit is revoked before its expiration date, the department shall not refund the fees paid to the department.
History:
Add. 2017, Act 172, Eff. Feb. 19, 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) › 368-1978-17-219 - Part 219 Nurse Aide Training and Registration Program (333.21901...333.21925) › Section 333.21919.amended - Fees.

***** 333.21919.amended THIS AMENDED SECTION IS EFFECTIVE MARCH 7, 2024 *****
333.21919.amended Fees.
Sec. 21919.
(1) An applicant for registration to practice as a nurse aide or a permit to conduct training or instruction of a nurse aide candidate, or renewal of that registration or permit, shall pay the following biennial fees:
(a) Nurse aide
$40.00
(b) Nurse aide trainer
$60.00
(c) Except as otherwise provided in subdivision (d), nurse aide training program
$300.00, per site
(d) Nurse aide training program offered by a secondary education institution or a skilled nursing facility
$100.00, per site
(2) In addition to the fees prescribed in subsection (1), an applicant for registration to practice as a nurse aide shall pay a nurse aide competency examination fee of $175.00, per examination.
History:
Add. 2017, Act 172, Eff. Feb. 19, 2018 ;-- Am. 2023, Act 273, Eff. Mar. 7, 2024
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) › 368-1978-17-219 - Part 219 Nurse Aide Training and Registration Program (333.21901...333.21925) › Section 333.21921 - Nurse Aid Registration Fund.

***** 333.21921 THIS SECTION IS AMENDED EFFECTIVE MARCH 7, 2024: See 333.21921.amended *****
333.21921 Nurse aid registration fund.
Sec. 21921.
(1) The nurse aide registration fund is created within the state treasury.
(2) The state treasurer shall credit the fees collected under section 21919 to the fund and may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year must remain in the fund and does not lapse to the general fund.
(4) The department is the administrator of the fund for auditing purposes.
(5) The department shall expend money from the fund, upon appropriation, only to implement the program.
History:
Add. 2017, Act 172, Eff. Feb. 19, 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) › 368-1978-17-219 - Part 219 Nurse Aide Training and Registration Program (333.21901...333.21925) › Section 333.21921.amended - Nurse Aide and Medication Aide Registration Fund.

***** 333.21921.amended THIS AMENDED SECTION IS EFFECTIVE MARCH 7, 2024 *****
333.21921.amended Nurse aide and medication aide registration fund.
Sec. 21921.
(1) The nurse aide and medication aide registration fund is created within the state treasury.
(2) The state treasurer shall credit the fees collected under this part to the fund and may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year must remain in the fund and does not lapse to the general fund.
(4) The department is the administrator of the fund for auditing purposes.
(5) The department shall expend money from the fund, upon appropriation, only to implement the programs described in section 21907.
History:
Add. 2017, Act 172, Eff. Feb. 19, 2018 ;-- Am. 2023, Act 273, Eff. Mar. 7, 2024
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) › 368-1978-17-219 - Part 219 Nurse Aide Training and Registration Program (333.21901...333.21925) › Section 333.21923 - Rules; Scope; Applicability to Health Facilities or Agencies.

***** 333.21923 THIS SECTION IS AMENDED EFFECTIVE MARCH 7, 2024: See 333.21923.amended *****
333.21923 Rules; scope; applicability to health facilities or agencies.
Sec. 21923.
(1) The department may promulgate and enforce rules to implement this part. The rules may include, but not be limited to, rules establishing requirements for surveying a nurse aide training program, investigating allegations against a nurse aide in a health facility or agency or another setting where a nurse aide engages in the practice as a nurse aide, investigating allegations against a nurse aide trainer or nurse aide training program, and enforcing this part. The rules may also establish eligibility requirements to renew a registration or permit under this part, competency requirements, and examination requirements for registration.
(2) Rules promulgated under this part that are applicable to health facilities or agencies must be uniform insofar as is reasonable.
History:
Add. 2017, Act 172, Eff. Feb. 19, 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) › 368-1978-17-219 - Part 219 Nurse Aide Training and Registration Program (333.21901...333.21925) › Section 333.21923.amended - Rules; Scope; Applicability to Nursing Homes or Skilled Nursing Facilities.

***** 333.21923.amended THIS AMENDED SECTION IS EFFECTIVE MARCH 7, 2024 *****
333.21923.amended Rules; scope; applicability to nursing homes or skilled nursing facilities.
Sec. 21923.
(1) The department may promulgate and enforce rules to implement this part. The rules may include, but not be limited to, rules establishing the following:
(a) Requirements for surveying a nurse aide training program.
(b) Requirements for investigating allegations against a nurse aide and taking action against that nurse aide.
(c) Requirements for investigating allegations and taking action against a nurse aide trainer or nurse aide training program.
(d) Requirements for enforcing this part.
(e) Eligibility requirements to grant and renew a registration or permit under this part.
(f) Competency requirements.
(g) Examination requirements for registration.
(h) Requirements for renewal.
(i) Requirements for surveying a medication aide training program, requirements for investigating allegations against a medication aide in a nursing home or skilled nursing facility where a medication aide engages in the practice of a medication aide and taking action against that medication aide, and requirements for investigating allegations and taking action against a medication aide trainer or medication aide training program.
(2) Rules promulgated under this part that are applicable to nursing homes or skilled nursing facilities must be uniform insofar as is reasonable.
History:
Add. 2017, Act 172, Eff. Feb. 19, 2018 ;-- Am. 2023, Act 273, Eff. Mar. 7, 2024
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) › 368-1978-17-219 - Part 219 Nurse Aide Training and Registration Program (333.21901...333.21925) › Section 333.21925 - Contractual Agreements.

333.21925 Contractual agreements.
Sec. 21925.
The department may enter into 1 or more contractual agreements for the administration of this part.
History:
Add. 2017, Act 172, Eff. Feb. 19, 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) › 368-1978-17-221. - Part 221. Federal Certification of Nursing Homes (333.22101...333.22190) › Section 333.22101 - Definitions.

333.22101 Definitions.
Sec. 22101.
(1) As used in this part:
(a) "Certification" means certification issued by the Centers for Medicare and Medicaid Services to a nursing home as evidence that the nursing home complies with requirements under federal law for participation in Medicare.
(b) "Consecutive days" means calendar days, but does not include Saturday, Sunday, or state- or federally recognized holidays.
(c) "Form CMS-2567" means the Centers for Medicare and Medicaid Services form for the statement of deficiencies and plan of correction or a successor form serving the same purpose.
(d) "Immediate jeopardy" means that term as defined in the "state operations manual" published by the Centers for Medicare and Medicaid Services.
(e) "Informal dispute resolution process" means the process described in section 22115.
(2) In addition, 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. 2022, Act 187, Imd. Eff. July 25, 2022
Compiler's Notes:
Former MCL 333.22101 - 333.22181 were repealed by Act 76 of 1981, Eff. Oct. 1, 1981 and Act 332 of 1988, Eff. Oct. 1, 1988.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-221. - Part 221. Federal Certification of Nursing Homes (333.22101...333.22190) › Section 333.22102 - Administration of Certification Process; Conflict of Laws.

333.22102 Administration of certification process; conflict of laws.
Sec. 22102.
(1) The department shall administer the certification process in this state in conformance with 42 USC 1395aa and the "mission and priority document" and "state operations manual" published by the Centers for Medicare and Medicaid Services.
(2) To the extent that there is a conflict between this part and federal law, federal law controls.
History:
Add. 2022, Act 187, Imd. Eff. July 25, 2022
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-221. - Part 221. Federal Certification of Nursing Homes (333.22101...333.22190) › Section 333.22105 - Limitation on Number of Nursing Home Surveyors; Exception; Length of Standard Survey.

333.22105 Limitation on number of nursing home surveyors; exception; length of standard survey.
Sec. 22105.
(1) Except as otherwise provided in this subsection, the department shall limit the number of nursing home surveyors that conduct a standard survey to the recommended number of surveyors identified in survey procedural guidelines established by the Centers for Medicare and Medicaid Services. The department may exceed the recommended number of nursing home surveyors only for the reasons identified in the guidelines described in this subsection.
(2) The department shall limit the length of a nursing home standard survey to a reasonable duration. In determining what is a reasonable duration, the department shall consider the average length of surveys nationally.
History:
Add. 2022, Act 187, Imd. Eff. July 25, 2022
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-221. - Part 221. Federal Certification of Nursing Homes (333.22101...333.22190) › Section 333.22107 - Departmental Responsibilities; Standard Surveys; Plan of Corrections; Revisits; Letter of Compliance.

333.22107 Departmental responsibilities; standard surveys; plan of corrections; revisits; letter of compliance.
Sec. 22107.
(1) When preparing to conduct any standard survey, the department shall determine if there is an open survey cycle and make every reasonable effort to confirm that substantial compliance has been achieved by implementing the nursing home's accepted plan of correction before initiating the standard survey while maintaining the federal requirement for a standard survey interval and the state survey average of 12 months.
(2) All abbreviated complaint surveys must be conducted on consecutive days until complete. All form CMS-2567 reports of survey findings must be released to the nursing home within 10 consecutive days after completion of the exit date of the survey.
(3) Departmental notifications of acceptance or rejection of a nursing home's plan of correction must be reviewed and released to the nursing home within 10 consecutive days after the receipt of the plan of correction.
(4) A nursing-home-submitted plan of correction in response to any survey must have a completion date not to exceed 40 days from the exit date of the survey. If a nursing home has not received additional citations before a revisit occurs, the department shall conduct the first revisit not more than 60 days from the exit date of the survey.
(5) A letter of compliance notification to a nursing home must be released to the nursing home within 10 consecutive days after the exit date of all revisits.
History:
Add. 2022, Act 187, Imd. Eff. July 25, 2022
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-221. - Part 221. Federal Certification of Nursing Homes (333.22101...333.22190) › Section 333.22109 - Deficient Practices; Reevaluations.

333.22109 Deficient practices; reevaluations.
Sec. 22109.
If a deficient practice occurred at a nursing home after the most recent survey of the nursing home under this part and the deficient practice is no longer occurring in the nursing home, the department shall, on the request of the nursing home, evaluate the deficient practice. If the nursing home is not eligible for an evaluation based on requirements from the Centers for Medicare and Medicaid Services, the department shall provide written notice to the nursing home explaining the reason the evaluation cannot be not granted.
History:
Add. 2022, Act 187, Imd. Eff. July 25, 2022
Compiler's Notes:
In this section, "evaluation cannot be not granted" evidently should read "evaluation cannot be granted."
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) › 368-1978-17-221. - Part 221. Federal Certification of Nursing Homes (333.22101...333.22190) › Section 333.22111 - Issuance of Citations for Immediate Jeopardy or Substandard Qualify of Care; Notification.

333.22111 Issuance of citations for immediate jeopardy or substandard qualify of care; notification.
Sec. 22111.
(1) The department shall maintain the process by which the director of the long-term care division of the department reviews and authorizes the issuance of a citation for immediate jeopardy or substandard quality of care before a statement of deficiencies is made final. The review must ensure the consistent and accurate application of federal and state survey protocols and defined regulatory standards.
(2) On the discovery of a potential immediate jeopardy, a nursing home surveyor shall communicate with the nursing home administrator, the director of nursing for the nursing home, or the medical director of the nursing home, if available, to review the issues of concern and to give the nursing home an opportunity to share any data or documentation that may have an impact on a decision by the department to authorize the issuance of a citation for immediate jeopardy. If a citation for immediate jeopardy is issued to a nursing home, the department shall do both of the following:
(a) Contact the nursing home, at least once per day, until the immediate jeopardy is abated.
(b) Ensure that at least 1 nursing home surveyor remains on-site at the nursing home until the immediate jeopardy is abated unless the department determines that having a nursing home surveyor on-site at the nursing home is not practical.
History:
Add. 2022, Act 187, Imd. Eff. July 25, 2022
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-221. - Part 221. Federal Certification of Nursing Homes (333.22101...333.22190) › Section 333.22113 - Desk Review of Citations.

333.22113 Desk review of citations.
Sec. 22113.
On the receipt of a request from a nursing home, the department shall conduct a desk review of a citation if the circumstances meet the requirements established by the Centers for Medicare and Medicaid Services for a desk review instead of an on-site revisit for a standard or abbreviated survey. If the department determines that the nursing home is not eligible for a desk review, the department shall notify the nursing home, in writing, with an explanation of why a desk review could not be conducted.
History:
Add. 2022, Act 187, Imd. Eff. July 25, 2022
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-221. - Part 221. Federal Certification of Nursing Homes (333.22101...333.22190) › Section 333.22115 - Citations; Informal Dispute Resolution Process.

333.22115 Citations; informal dispute resolution process.
Sec. 22115.
(1) A nursing home that is issued a citation may request an appeal of the citation through an informal dispute resolution process from a peer review organization approved by the department. The department shall adopt the recommendations of the peer review organization on whether to support, amend, or delete the citation.
(2) Each quarter, the department shall do both of the following:
(a) Conduct a quality assurance review of amended or deleted citations with the peer review organization described in this section for the purposes of identifying whether there is a need for additional training of nursing home surveyors or peer review organization staff.
(b) Use the findings from the informal dispute resolution process for identifying training topics for the joint provider and surveyor training sessions described in section 20155.
History:
Add. 2022, Act 187, Imd. Eff. July 25, 2022
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-221. - Part 221. Federal Certification of Nursing Homes (333.22101...333.22190) › Section 333.22117 - Statewide Reporting Requirements for Facility-Reported Incidents.

333.22117 Statewide reporting requirements for facility-reported incidents.
Sec. 22117.
(1) Subject to subsection (2), the department shall develop and implement statewide reporting requirements for facility-reported incidents for any category required by federal regulations and at least all of the following additional categories:
(a) Elopements.
(b) Bruising.
(c) Repeated statements from residents with mental health behaviors.
(d) Resident-to-resident incidents with no harm.
(2) The reporting requirements developed by the department under this section must exclude the following:
(a) A resident-to-resident altercation if there is no change in emotional status or physical functioning of each resident involved in the altercation, including, but not limited to, no change in range of motion, toileting, eating, or ambulating.
(b) An injury of unknown origin if there is no change in emotional status or physical functioning of the resident with the injury, including, but not limited to, no change in range of motion, toileting, eating, or ambulating.
(c) An allegation made by a resident who has been diagnosed with a mental illness, including, but not limited to, psychosis or severe dementia, if the resident has a history of making false statements that are not based in reality and are documented in the resident's care plan, with interventions to protect the resident.
(d) An allegation if a thorough assessment does not substantiate the allegation.
(e) An allegation if the resident or the resident's legal guardian or other legal representative has been informed of the allegation, does not wish for the nursing home to report the allegation, and has received information on how to file a complaint with the department.
History:
Add. 2022, Act 187, Imd. Eff. July 25, 2022
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-221. - Part 221. Federal Certification of Nursing Homes (333.22101...333.22190) › Section 333.22119 - Annual Report to Legislature.

333.22119 Annual report to legislature.
Sec. 22119.
The department shall report by March 1 of each year to the standing committees on appropriations and the standing committees having jurisdiction over issues involving senior citizens in the senate and the house of representatives on all of the following:
(a) The number and percentage of nursing home citations that are appealed through the informal dispute resolution process and an independent informal dispute resolution process.
(b) The number and percentage of nursing home citations that are appealed and supported, amended, or deleted through the informal dispute resolution process and an independent informal dispute resolution process.
(c) A summary of the quality assurance review of the amended citations and related nursing home survey retraining efforts to improve consistency among nursing home surveyors and across the survey administrative unit that occurred in the year being reported.
(d) The number of nursing home complaints and facility reported incidents received by the department, grouped by county. The information described in this subdivision must be shared as part of the quality assurance monitoring process and reviewed by the advisory workgroup established under section 22103.
(e) The number of surveys conducted.
(f) The number requiring follow-up surveys.
(g) The average number of citations per nursing home.
(h) The number of night and weekend responses to complaints conducted by the department.
(i) The review of citation patterns developed under section 20155(7).
(j) The number of standard surveys of nursing homes that were conducted during a period of open survey or enforcement cycle.
(k) The number of abbreviated complaint surveys that were not conducted on consecutive surveyor workdays.
(l) The percentage of all form CMS-2567 reports of findings that were released to the nursing home within the 10-working-day requirement.
(m) The percentage of provider notifications of acceptance or rejection of a plan of correction that were released to the nursing home within the 10-working-day requirement.
(n) The percentage of first revisits that were completed within 60 days from the date of survey completion.
(o) The percentage of second revisits that were completed within 85 days from the date of survey completion.
(p) The percentage of letters of compliance notification to the nursing home that were released within 10 working days of the date of the completion of the revisit.
(q) A summary of the discussions from the meetings required in section 20155(18).
History:
Add. 2022, Act 187, Imd. Eff. July 25, 2022
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-221. - Part 221. Federal Certification of Nursing Homes (333.22101...333.22190) › Section 333.22121 - Implementation of Progressive Discretionary Enforcement Actions.

333.22121 Implementation of progressive discretionary enforcement actions.
Sec. 22121.
To the extent permitted by federal law, the department shall establish and implement progressive discretionary enforcement actions for the purposes of this part that consider the least restrictive enforcement action if a nursing home does not have a history of receiving citations in past nursing home surveys under this part and increase in severity if a nursing home has a history of receiving similar citations in past nursing home surveys under this part.
History:
Add. 2022, Act 187, Imd. Eff. July 25, 2022
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-221. - Part 221. Federal Certification of Nursing Homes (333.22101...333.22190) › Section 333.22190 - Expired. 1979, Act 113, Eff. Dec. 31, 1979.

333.22190 Expired. 1979, Act 113, Eff. Dec. 31, 1979.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-222 - Part 222 Certificates of Need (333.22201...333.22260) › Section 333.22201 - Meanings of Words and Phrases; Principles of Construction.

333.22201 Meanings of words and phrases; principles of construction.
Sec. 22201.
(1) For purposes of this part, the words and phrases defined in sections 22203 to 22208 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.
(3) The definitions in part 201 do not apply to this part.
History:
Add. 1988, Act 332, Eff. Oct. 1, 1988 ;-- Am. 2022, Act 265, Imd. Eff. Dec. 22, 2022
Compiler's Notes:
For transfer of certain powers and duties of the division of health facility development in the bureau of health systems from the department of public health to the director of the department 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 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-222 - Part 222 Certificates of Need (333.22201...333.22260) › Section 333.22205 - Definitions; H to M.

333.22205 Definitions; H to M.
Sec. 22205.
(1) "Health facility", except as otherwise provided in subsection (2), means:
(a) A hospital licensed under part 215.
(b) A psychiatric hospital or psychiatric unit licensed under the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106.
(c) A nursing home licensed under part 217 or a hospital long-term care unit as defined in section 20106(6).
(d) A freestanding surgical outpatient facility licensed under part 208.
(e) A health maintenance organization issued a license or certificate of authority in this state.
(2) "Health facility" does not include the following:
(a) An institution conducted by and for the adherents of a church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing.
(b) A health facility or agency located in a correctional institution.
(c) A veterans facility operated by the state or federal government.
(d) A facility owned and operated by the department of community health.
(3) "Initiate" means the offering of a covered clinical service that has not been offered in compliance with this part or former part 221 on a regular basis at that location within the 12-month period immediately preceding the date the covered clinical service will be offered.
(4) "Medical equipment" means a single equipment component or a related system of components that is used for clinical purposes.
History:
Add. 1988, Act 332, Eff. Oct. 1, 1988 ;-- Am. 1993, Act 88, Imd. Eff. July 9, 1993 ;-- Am. 2000, Act 253, Imd. Eff. June 29, 2000 ;-- Am. 2002, Act 619, Eff. Mar. 31, 2003
Popular Name:
Act 368