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) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21741 - Rules.

333.21741 Rules.
Sec. 21741.
(1) The department of public health, after seeking advice and consultation from the department of social services, appropriate consumer and professional organizations, and concerned agencies, shall promulgate rules to implement and administer this part.
(2) Initial rules proposed under this part shall be submitted to a public hearing not later than 6 months after this section is enacted into law.
(3) In addition to the rules prescribed in section 20171, rules for nursing homes shall include the establishment of standards relating to:
(a) Complaint procedures.
(b) Discharges and transfers.
(c) Emergency procedures.
(d) Medical audit procedures.
(e) Patients' rights.
(f) Standards of patient care to be provided in nursing homes.
(g) Training, educational, and competency requirements of nursing home personnel other than licensed personnel.
(h) Utilization and quality control review procedures.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21743 - Disclosures; Public Inspection.

333.21743 Disclosures; public inspection.
Sec. 21743.
(1) In addition to public records subject to disclosure under section 20175, the following information is subject to disclosure from the department of public health or the department of social services:
(a) Ownership of nursing homes, ownership of buildings occupied by nursing homes, and the names and addresses of suppliers and the ownership of suppliers of goods and services to nursing homes required to be reported under section 20142.
(b) Records of license and certification inspections, surveys, and evaluations of nursing homes, other reports of inspections, surveys, and evaluations of patient care, and reports concerning a nursing home prepared pursuant to titles 18 and 19 of the social security act, 42 U.S.C. 1395 to 1396k.
(c) Cost and reimbursement reports submitted by a nursing home, reports of audits of nursing homes, and other public records concerning costs incurred by, revenues received by, and reimbursement of nursing homes.
(d) Complaints filed against a nursing home and complaint investigation reports. A complaint or complaint investigation report shall not be disclosed to a person other than the complainant or complainant's representative before it is disclosed to a nursing home under section 21799a and a complainant's or patient's name shall not be disclosed except as provided in section 21799a.
(2) The department of public health, the department of social services and the nursing home shall respect the confidentiality of a patient's clinical record as provided in section 20175 and shall not divulge or disclose the contents of a record in a manner which identifies a patient, except upon a patient's death to a relative or guardian, or under judicial proceedings. This subsection shall not be construed to limit the right of a patient or a patient's representative to inspect or copy the patient's clinical record.
(3) Confidential medical, social, personal, or financial information identifying a patient shall not be available for public inspection in a manner which identifies a patient.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21744 - Professional Advice and Consultation.

333.21744 Professional advice and consultation.
Sec. 21744.
The department shall provide to the applicant or licensee professional advice and consultation related to the quality of institutional or agency aspects of health care and services provided by the applicant or licensee.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21751 - Emergency Petition to Place Nursing Home Under Control of Receiver; Appointment of Receiver; Use of Income and Assets; Major Structural Alteration; Consultation; Termination of Receivership; Accounting; Disposition of Surplus Funds.

333.21751 Emergency petition to place nursing home under control of receiver; appointment of receiver; use of income and assets; major structural alteration; consultation; termination of receivership; accounting; disposition of surplus funds.
Sec. 21751.
(1) When the department has concluded a proceeding under sections 71 to 106 of the administrative procedures act of 1969, as amended, being sections 24.271 to 24.306 of the Michigan Compiled Laws, or when the department has suspended or revoked the license of a nursing home, the department, a patient in the facility, or a patient's representative may file an emergency petition with the circuit court to place the nursing home under the control of a receiver if necessary to protect the health or safety of patients in the nursing home. The court may grant the petition upon a finding that the health or safety of the patients in the nursing home would be seriously threatened if a condition existing at the time the petition was filed is permitted to continue.
(2) The court shall appoint as receiver the director of the department of social services, the director of the department of public health, or another state agency or person designated by the director of public health. The receiver appointed by the court shall use the income and assets of the nursing home to maintain and operate the home and to attempt to correct the conditions which constitute a threat to the patients. A major structural alteration shall not be made to the nursing home, unless the alteration is necessary to bring the nursing home into compliance with licensing requirements.
(3) To assist in the implementation of the mandate of the court, the receiver may request and receive reasonable consultation from the available personnel of the department.
(4) The receivership shall be terminated when the receiver and the court certify that the conditions which prompted the appointment have been corrected, when the license is restored, when a new license is issued, or, in the case of a discontinuance of operation, when the patients are safely placed in other facilities, whichever occurs first.
(5) Upon the termination of the receivership, the receiver shall render a complete accounting to the court and shall dispose of surplus funds as the court directs.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21755 - Grounds for Refusal to Issue License.

333.21755 Grounds for refusal to issue license.
Sec. 21755.
The department may refuse to issue a license to establish or maintain and operate, or both, a nursing home to an applicant if any of the following are met:
(a) An occupational, professional, or health agency license held by the applicant was revoked during the 5 years before the date of application.
(b) The department finds that the applicant is not suitable to operate a nursing home because of financial incapacity or a lack of good moral character or appropriate business or professional experience. As used in this subdivision, "good moral character" means good moral character as defined in, and determined under, 1974 PA 381, MCL 338.41 to 338.47.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 2020, Act 371, Eff. Apr. 4, 2021
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) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21757 - Provisional License.

333.21757 Provisional license.
Sec. 21757.
(1) The department may issue a 1-year provisional license, renewable for not more than 1 additional year, to an applicant whose services are needed in the community but who is temporarily unable to comply with the rules related to the physical plant of the facilities, excluding maintenance problems. At the time a provisional license is granted, specific deadlines for the correction of each physical plant violation shall be established.
(2) A provisional license shall not be issued for a nursing home constructed, established, or changing corporate ownership or management after the effective date of this section unless it is shown that unusual hardship would result to the public or to the applicant for the provisional license and the nursing home was licensed and operating under a prior licensing act for not less than 5 years.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979
Popular Name:
Act 368
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) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21761 - Certification of Nondiscrimination; Violation of Rights; Giving Preference to Members of Religious or Fraternal Institution or Organization.

333.21761 Certification of nondiscrimination; violation of rights; giving preference to members of religious or fraternal institution or organization.
Sec. 21761.
(1) In addition to the requirements of section 20152, a licensee shall certify annually to the department, as part of its application for licensure and certification, that all phases of its operation, including its training program, are without discrimination against persons or groups of persons on the basis of race, religion, color, national origin, sex, age, disability, marital status, sexual preference, or the exercise of rights guaranteed by law, including freedom of speech and association. If the department finds a violation of rights enumerated in this section, the department shall direct the administrator of the nursing home to take the necessary action to assure that the nursing home is, in fact, operated in accordance with the rights listed in this section.
(2) This section shall not be construed to prevent a nursing home operated, supervised, or controlled by a religious or fraternal institution or organization from giving preference to applicants who are members of that religious or fraternal institution or organization.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 1998, Act 88, Imd. Eff. May 13, 1998
Popular Name:
Act 368
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) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21764 - Approval or Disapproval of Nonprofit Corporation Rendering Assistance Without Charge.

333.21764 Approval or disapproval of nonprofit corporation rendering assistance without charge.
Sec. 21764.
(1) The director shall approve or disapprove a nonprofit corporation which has as 1 of its primary purposes the rendering of assistance, without charge to nursing home patients for the purpose of obtaining access to nursing homes and their patients under section 21763.
(2) On the receipt of a written application for approval under subsection (1), the director shall notify all persons that have made a written request for notice of applications made under this section.
(3) The director shall approve the organization making the request if the organization is a bona fide community organization or legal aid program, is capable of providing 1 or more of the services listed in section 21763, and is likely to utilize the access provided under section 21763 to enhance the welfare of nursing home patients. The director shall approve or disapprove the organization within 30 days after receiving the application.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 2022, Act 187, Imd. Eff. July 25, 2022
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21765 - Policies and Procedures; Copy of Rights Enumerated in MCL 333.20201; Reading or Explaining Rights; Staff Observance of Rights, Policies, and Procedures.

333.21765 Policies and procedures; copy of rights enumerated in MCL 333.20201; reading or explaining rights; staff observance of rights, policies, and procedures.
Sec. 21765.
(1) A nursing home shall establish written policies and procedures to implement the rights protected under section 20201. The policies shall include a procedure for the investigation and resolution of patient complaints. The policies and procedures shall be subject to approval by the department. The policies and procedures shall be clear and unambiguous, shall be printed in not less than 12-point type, shall be available for inspection by any person, shall be distributed to each patient and representative, and shall be available for public inspection.
(2) Each patient shall be given a copy of the rights enumerated in section 20201 at the time of admission to a nursing home. A patient of a nursing home at the time of the implementation of this section shall be given a copy of the rights enumerated in section 20201 as specified by rule.
(3) A copy shall be given to a person who executes a contract pursuant to section 21766 and to any other person who requests a copy.
(4) If a patient is unable to read the form, it shall be read to the patient in a language the patient understands. In the case of a developmentally disabled individual, the rights shall be explained in a manner that the person is able to understand and the explanation shall be witnessed by a third person. In the case of a minor or a person who has a legal guardian, both the patient and the parent or legal guardian shall be fully informed of the policies and procedures.
(5) A nursing home shall ensure that its staff is familiar with and observes the rights enumerated in section 20201 and the policies and procedures established under this section.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 2014, Act 66, Imd. Eff. Mar. 28, 2014
Popular Name:
Act 368
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) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21765a - Certain Admission Conditions Prohibited; Enforcement of Contract Provisions or Agreements in Conflict With Subsections (1) and (2).

333.21765a Certain admission conditions prohibited; enforcement of contract provisions or agreements in conflict with subsections (1) and (2).
Sec. 21765a.
(1) A nursing home shall not require an applicant, as a condition of admission, to waive his or her right to benefits under medicare or medicaid, to give oral or written assurance that the applicant is not eligible for medicare or medicaid, or to give oral or written assurance that the applicant will not apply for benefits under medicare or medicaid.
(2) A nursing home shall not require any of the following as a condition of an applicant's admission or a patient's continued residency at that nursing home:
(a) That an applicant or patient remain a private pay patient for a specified period of time before applying for medicaid.
(b) That a person pay on behalf of an applicant or patient the private pay rate for a specified period of time before the applicant or patient applies for medicaid.
(c) That an applicant, patient, or other person make a gift or donation on behalf of that applicant or patient.
(3) As of the effective date of this section, a contract provision or agreement in conflict with subsection (1) or (2), whether made before, on, or after the effective date of this section, is unenforceable.
(4) Not later than 30 days after the effective date of this section, a nursing home that participates in medicaid shall provide written notice to each private pay patient subject to a contract provision or agreement in conflict with subsection (1) or (2) that the contract provision or agreement is no longer a bar to the patient applying for medicaid.
History:
Add. 1994, Act 73, Imd. Eff. Apr. 11, 1994
Popular Name:
Act 368
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) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21767 - Guardian, Trustee, Conservator, Patient's Representative, or Protective Payee for Patient; Receipt for Money or Property of Patient; Statement of Funds.

333.21767 Guardian, trustee, conservator, patient's representative, or protective payee for patient; receipt for money or property of patient; statement of funds.
Sec. 21767.
(1) A nursing home, or an owner, administrator, employee, or representative of a nursing home shall not act as guardian, trustee, conservator, patient's representative, or protective payee for a patient, except as provided in subsection (2).
(2) Subject to the bonding requirements of section 21721, money or other property belonging or due a patient which is received by a nursing home shall be received as trust funds or property, shall be kept separate from the funds and property of the nursing home and other patients, and shall be disbursed only as directed by the patient. A written receipt shall be given to a patient whose money or other property is received by a nursing home. Upon request, but not less than once every 3 months, the nursing home shall furnish the patient a complete and verified statement of the funds or other property received by the nursing home. The statement shall contain the amounts and items received, the sources, the disposition, and the date of each transaction. The nursing home shall furnish a final statement not later than 10 days after the discharge of a patient.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979
Popular Name:
Act 368
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) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21771 - Abusing, Mistreating, or Neglecting Patient; Reports; Investigation; Retaliation Prohibited; Exception to Report Requirement.

333.21771 Abusing, mistreating, or neglecting patient; reports; investigation; retaliation prohibited; exception to report requirement.
Sec. 21771.
(1) A licensee, nursing home administrator, or employee of a nursing home shall not physically, mentally, or emotionally abuse, mistreat, or harmfully neglect a patient.
(2) A nursing home employee who has reasonable suspicion of an act prohibited by this section shall report the suspicion to the nursing home administrator or nursing director and to the department as required by federal regulations. A nursing home administrator or nursing director who has reasonable suspicion of an act prohibited by this section shall report the suspicion by telephone to the department and 1 or more law enforcement entities as required by federal regulations.
(3) Any individual may report a violation of this section to the department.
(4) A physician or other licensed health care personnel who has reasonable suspicion of an act prohibited by this section shall report the suspicion to the department and 1 or more law enforcement entities as required by federal regulations.
(5) On the receipt of a report made under this section, the department shall make an investigation. The department may require the individual making the report to submit a written report or to supply additional information, or both.
(6) A nursing home employee, licensee, or nursing home administrator shall not evict, harass, dismiss, or retaliate against a patient, a patient's representative, or an employee who makes a report under this section.
(7) An individual required to report an act or a reasonable suspicion under subsection (2) or (4) is not required to report the act or suspicion to the department or 1 or more local law enforcement entities if the individual knows that another individual has already reported the act or suspicion as required by this section.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 2012, Act 174, Imd. Eff. June 19, 2012 ;-- Am. 2022, Act 187, Imd. Eff. July 25, 2022
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21772 - Interference With Right to Bring Action or File Complaint Prohibited; Retaliation Prohibited.

333.21772 Interference with right to bring action or file complaint prohibited; retaliation prohibited.
Sec. 21772.
The owner, administrator, employee, or representative of a nursing home shall not interfere with the right of a person to bring a civil or criminal action or to file a complaint with the department or other governmental agency with respect to the operation of the nursing home, nor discharge, harass, or retaliate against a person who does so or on whose behalf the action is taken.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979
Popular Name:
Act 368
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) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21774 - Involuntary Transfer or Discharge; Request for Hearing; Informal Hearing; Decision; Burden of Proof; Procedures; Time for Leaving Facility.

333.21774 Involuntary transfer or discharge; request for hearing; informal hearing; decision; burden of proof; procedures; time for leaving facility.
Sec. 21774.
(1) A patient subject to involuntary transfer or discharge from a licensed nursing home shall have the opportunity to file a request for a hearing with the department within 10 days following receipt of the written notice of the involuntary transfer or discharge by the nursing home.
(2) The department of public health, when the basis for involuntary transfer or discharge is other than a negative action by the department of social services with respect to a medicaid client, shall hold an informal hearing in the matter at the patient's facility not sooner than 7 days after a hearing request is filed, and render a decision in the matter within 14 days after the filing of the hearing request.
(3) In a determination as to whether a transfer or discharge is authorized, the burden of proof rests on the party requesting the transfer or discharge. The hearing shall be in accordance with fair hearing procedures prescribed by rule.
(4) If the department determines that a transfer or discharge is authorized under section 21773, the patient shall not be required to leave the facility before the thirty-fourth day following receipt of the notice required under section 21773(2), or the tenth day following receipt of the department's decision, whichever is later.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979
Popular Name:
Act 368
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) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21775 - Continuation of Medicaid Funding During Appeal, Transfer, or Discharge Period.

333.21775 Continuation of medicaid funding during appeal, transfer, or discharge period.
Sec. 21775.
The department of social services shall continue medicaid funding during the appeal, transfer, or discharge period as provided in section 21774 for those medicaid patients affected by section 21773.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 1994, Act 73, Imd. Eff. Apr. 11, 1994
Popular Name:
Act 368
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) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21776 - Transfer or Discharge of Patient; Plan; Counseling Services.

333.21776 Transfer or discharge of patient; plan; counseling services.
Sec. 21776.
The licensee, with the approval of the department, shall develop a plan to effectuate the orderly and safe transfer or discharge of a patient. The patient and the patient's family or representative shall be consulted in choosing another facility. The patient shall receive counseling services before the move to minimize the adverse effects of transfer trauma. The department shall assure that counseling will be available if the patient requires counseling after transfer or discharge.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979
Popular Name:
Act 368
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) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21777 - Holding Bed Open During Temporary Absence of Patient; Option; Title 19 Patients.

333.21777 Holding bed open during temporary absence of patient; option; title 19 patients.
Sec. 21777.
(1) If a patient is temporarily absent from a nursing home for emergency medical treatment, the nursing home shall hold the bed open for 10 days for that patient in the patient's absence, if there is a reasonable expectation that the patient will return within that period of time and the nursing home receives payment for each day during the absent period.
(2) If a patient is temporarily absent from a nursing home for therapeutic reasons as approved by a physician, the nursing home shall hold the bed open for 18 days, if there is a reasonable expectation that the patient will return within that period of time and the nursing home receives payment for each day during the absent period. Temporary absences for therapeutic reasons are limited to 18 days per year.
(3) When a patient's absence is longer than specified under subsection (1) or (2), or both, the patient has the option to return to the nursing home for the next available bed.
(4) For title 19 patients, the department of community health shall continue funding for the temporary absence as provided under subsections (1) and (2) if the nursing home is at 98% or more occupancy except for any bed being held open under subsection (1) or (2).
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 2004, Act 372, Imd. Eff. Oct. 11, 2004
Popular Name:
Act 368
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) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21781 - Posting of License and Other Information.

333.21781 Posting of license and other information.
Sec. 21781.
A licensee shall conspicuously post in an area of its offices accessible to patients, employees, and visitors:
(a) A current license.
(b) A complete copy of the most recent inspection report of the nursing home received from the department.
(c) A description, provided by the department, of complaint procedures established under this act and the name, address, and telephone number of a person authorized by the department to receive complaints.
(d) A copy of a notice of a pending hearing or order pertaining to the nursing home issued by the department or a court under the authority of this article or rules promulgated under this article.
(e) A complete list of materials available for public inspection as required by section 21782.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979
Popular Name:
Act 368
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) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21782 - Retention of Documents for Public Inspection.

333.21782 Retention of documents for public inspection.
Sec. 21782.
A licensee shall retain for public inspection:
(a) A complete copy of each inspection report of the nursing home received from the department during the past 5 years.
(b) A copy of each notice of a hearing or order pertaining to the nursing home issued by the department or a court under the authority of this article or rules promulgated under this article after the effective date of this section. The copy of the notice or order shall be retained for not less than 3 years after its date of issuance or not less than 3 years after the date of the resolution of the subject matter of the notice or order, whichever is later.
(c) A description of the services provided by the nursing home and the rates charged for those services and items for which a patient may be separately charged.
(d) A list of the name, address, principal occupation, and official position of each person who, as a stockholder or otherwise, has a proprietary interest in the nursing home as required by section 20142, of each officer and director of a nursing home which is a corporation, and of each trustee or beneficiary of a nursing home which is a trust.
(e) A list of licensed personnel employed or retained by the nursing home.
(f) A copy of the standard form contract utilized under section 21766.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979
Popular Name:
Act 368
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) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21784 - Threatening Medical Condition; Notice; Emergency Treatment; Comfort of Patient.

333.21784 Threatening medical condition; notice; emergency treatment; comfort of patient.
Sec. 21784.
If a patient's life is threatened by his or her medical condition, the nursing home shall immediately notify the patient's next of kin, patient's representative, and physician. The nursing home shall secure emergency medical treatment for the patient when the patient's physician is not available. A nursing home shall take all reasonable measures to ensure the comfort of a patient in the terminal stages of an illness.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21785 - Discontinuance of Operation; Notice; Relocation of Patients.

333.21785 Discontinuance of operation; notice; relocation of patients.
Sec. 21785.
(1) If a nursing home proposes to discontinue operation, the licensee shall notify the department of public health and the department of social services of the impending discontinuance of operation. The licensee shall notify the patient and the patient's next of kin, patient's representative, and the party executing the contract under section 21766 of the proposed date of the discontinuance. The notice shall be sufficient to make suitable arrangements for the transfer and care of the patient.
(2) The notices required by this section shall be given not less than 30 days before the discontinuance.
(3) The licensee and the department of social services shall be responsible for securing a suitable relocation of a patient who does not have a relative or legal representative to assist in his or her relocation before the discontinuance of operation. The licensee and the department of social services shall keep the department of public health informed of their efforts and activities in carrying out this responsibility. The department of social services shall make available to the licensee and the department of public health assistance necessary to assure the effectiveness of efforts to secure a suitable relocation.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21786 - Emergency Closing of Nursing Home.

333.21786 Emergency closing of nursing home.
Sec. 21786.
In the case of an emergency closing of a nursing home, or when it is determined by the department that a nursing home is suddenly no longer able to provide adequate patient care, the department shall do both of the following:
(a) Assure that the department of social services has been notified to make arrangements for the orderly and safe discharge and transfer of the patients to another facility.
(b) Place a representative of the department in a facility on a daily basis to do each of the following:
(i) Monitor the discharge of patients to other facilities or locations.
(ii) Ensure that the rights of patients are protected.
(iii) Discuss the discharge and relocation with each patient and next of kin or legal guardian, person, or agency responsible for the patient's placement, maintenance, and care in the facility. The content of the explanation and discussion shall be summarized in writing and shall be made a part of the patient's clinical record.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21787 - Michigan Public Health Institute; Consultation and Contracts.

333.21787 Michigan public health institute; consultation and contracts.
Sec. 21787.
The department may consult and work with the Michigan public health institute created under section 2611 in performing the department's regulatory and disciplinary duties under this article. The department may also contract with the Michigan public health institute for the performance of specific functions required or authorized by this article, if determined necessary by the director of the department.
History:
Add. 2000, Act 501, Imd. Eff. Jan. 11, 2001
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21791 - Advertising; False or Misleading Information Prohibited.

333.21791 Advertising; false or misleading information prohibited.
Sec. 21791.
A licensee shall not use false or misleading information in the advertising of a nursing home or its name.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21792 - Commission, Bonus, Fee, or Gratuity; Violation; Penalty.

333.21792 Commission, bonus, fee, or gratuity; violation; penalty.
Sec. 21792.
(1) An owner, administrator, employee, or representative of a nursing home shall not pay, or offer to pay, a commission, bonus, fee, or gratuity to a physician, surgeon, organization, agency, or other person for the referral of a patient to a nursing home.
(2) A person shall not offer or give a commission, bonus, fee, or gratuity to an owner, administrator, employee, or representative of a nursing home in return for the purchase of a drug, biological, or any other ancillary services provided for a patient of a nursing home.
(3) An owner, administrator, employee, or representative of a nursing home shall not accept a commission, bonus, fee, or gratuity in return for the purchase of a drug, biological, or any other ancillary services provided for a patient of a nursing home.
(4) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 4 years, or a fine of not more than $30,000.00, or both.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21795 - Education and Training for Unlicensed Nursing Personnel; Criteria; Competency Examinations; Rules.

333.21795 Education and training for unlicensed nursing personnel; criteria; competency examinations; rules.
Sec. 21795.
(1) The department, in consultation and with the advice of the Michigan board of nursing and appropriate consumer and professional organizations, shall develop by rule minimum criteria for the education and training for unlicensed nursing personnel in facilities designated in this part.
(2) This section shall not be construed to be a prerequisite for employment of unlicensed nursing personnel in a nursing home.
(3) During the annual licensing inspection the department shall, and during other inspections the department may, conduct random competency examinations to determine whether the requirements of this section are being met. The department shall promulgate rules to administer this subsection.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21796 - Insuring Proper Licensing of Licensed Personnel.

333.21796 Insuring proper licensing of licensed personnel.
Sec. 21796.
The nursing home administrator and licensee shall be responsible for insuring that all licensed personnel employed by the nursing home are properly licensed.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21799c - Violations; Penalties; Computation of Civil Penalties; Paying or Reimbursing Patient; Rules for Quality of Care Allowance Formula.

333.21799c Violations; penalties; computation of civil penalties; paying or reimbursing patient; rules for quality of care allowance formula.
Sec. 21799c.
(1) A person who violates 1 of the following sections is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year or a fine of not less than $1,000.00, nor more than $10,000.00, or both:
(a) Section 21711.
(b) Section 21712.
(c) Section 21763(5).
(d) Section 21765a(1) or (2).
(e) Section 21771(1) or (6).
(f) Section 21791.
(2) A person who violates section 21765a(1) or (2) is liable to an applicant or patient in a civil action for treble the amount of actual damages or $1,000.00, whichever is greater, together with costs and reasonable attorney fees.
(3) For the purpose of computing administrative penalties under this section, the number of patients per day is based on the average number of patients in the nursing home during the 30 days immediately preceding the discovery of the violation.
(4) If the department finds a violation of section 20201 as to a particular nursing home patient, the department shall issue an order requiring the nursing home to pay to the patient $100.00, or to reimburse the patient for costs incurred or injuries sustained as a result of the violation, whichever is greater. The department also shall assess the nursing home an administrative penalty that is the lesser of the following:
(a) Not more than $1,500.00.
(b) $15.00 per patient bed.
(5) The department of community health shall promulgate rules for a quality of care allowance formula that is consistent with the recommendations of the fiscal incentives subcommittee to the committee on nursing home reimbursement established pursuant to Act No. 241 of the Public Acts of 1975, as described in the November 24, 1975 interim report, in the December 3, 1975 final report, and the November 24, 1976 report of the committee recommending appropriate changes in the procedures utilized.
(6) The department shall not assess an administrative penalty under subsection (4) for a violation of this part for which a nursing home's reimbursement is withheld under subsection (5).
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 1994, Act 73, Imd. Eff. Apr. 11, 1994 ;-- Am. 1996, Act 546, Eff. Mar. 31, 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) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21799d - Collection of Civil Penalty; Noncompliance; Order.

333.21799d Collection of civil penalty; noncompliance; order.
Sec. 21799d.
A civil penalty assessed under this part shall be collected by the department. If the person or nursing home against whom a civil penalty has been assessed does not comply with a written demand for payment within 30 days, the department shall issue an order to do 1 of the following:
(a) Direct the department of treasury to deduct the amount of the civil penalty from amounts otherwise due from the state to the nursing home and remit that amount to the department.
(b) Add the amount of the civil penalty to the nursing home's licensing fee. If the licensee refuses to make the payment at the time of application for renewal of its license, the license shall not be renewed.
(c) Bring an action in circuit court to recover the amount of the civil penalty.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21799e - Penalties and Remedies Cumulative.

333.21799e Penalties and remedies cumulative.
Sec. 21799e.
(1) The penalties prescribed by this part or a rule promulgated under this part are cumulative and not exclusive. Neither the department nor any other party is limited to the remedies in this part.
(2) The remedies provided under section 20155 and sections 21799a to 21799d are independent and cumulative. Except as provided in section 21799(c)(5), the use of 1 remedy by a person shall not be considered a bar to the use of other remedies by that person or to the use of any remedy by another person.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-219 - Part 219 Nurse Aide Training and Registration Program (333.21901...333.21925) › Section 333.21901 - General Definitions and Principles of Construction.

333.21901 General definitions and principles of construction.
Sec. 21901.
(1) For purposes of this part, the words and phrases defined in sections 21903 to 21905 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, and part 201 contains definitions applicable to 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) › 368-1978-17-219 - Part 219 Nurse Aide Training and Registration Program (333.21901...333.21925) › Section 333.21903 - Definitions; C to N.

***** 333.21903 THIS SECTION IS AMENDED EFFECTIVE MARCH 7, 2024: See 333.21903.amended *****
333.21903 Definitions; C to N.
Sec. 21903.
(1) "Certificate of permit" means a document issued by the department as evidence of a permit.
(2) "Certificate of registration" means a document issued by the department as evidence of registration.
(3) "Fund" means the nurse aide registry fund created in section 21921.
(4) "Nurse aide" means an individual who holds a registration. A nurse aide is not a health professional licensed under article 15, a registered dietitian, or someone who volunteers to provide nursing or nursing-related services without pay.
(5) "Nurse aide trainer" means an individual who holds a permit to provide training to a nurse aide candidate who is enrolled in a nurse aide training program.
(6) "Nurse aide training program" means an instructional program that prepares a nurse aide candidate with the knowledge and ability to practice as a nurse aide and that is offered by a person that 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 333.21903.amended - Definitions; C to N.

***** 333.21903.amended THIS AMENDED SECTION IS EFFECTIVE MARCH 7, 2024 *****
333.21903.amended Definitions; C to N.
Sec. 21903.
(1) "Certificate of permit" means a document issued by the department as evidence of a permit.
(2) "Certificate of registration" means a document issued by the department as evidence of registration.
(3) "Fund" means the nurse aide and medication aide registration fund created in section 21921.
(4) "Medication aide" means a nurse aide who holds a registration to engage in practice as a medication aide. A medication aide is not a health professional licensed under article 15, a registered dietitian, or someone who volunteers to provide nursing or nursing-related services without pay.
(5) "Medication aide trainer" means an individual who holds a permit to provide training to a medication aide candidate who is enrolled in a medication aide training program.
(6) "Medication aide training program" means an instructional program provided at a qualified educational institution that prepares a nurse aide with the knowledge and ability to engage in practice as a medication aide and that is offered by a person who holds a permit.
(7) "Nurse aide" means an individual who holds a registration to engage in practice as a nurse aide. A nurse aide is not a health professional licensed under article 15, a registered dietitian, or someone who volunteers to provide nursing or nursing-related services without pay.
(8) "Nurse aide trainer" means an individual who holds a permit to provide training to a nurse aide candidate who is enrolled in a nurse aide training program.
(9) "Nurse aide training program" means an instructional program that prepares a nurse aide candidate with the knowledge and ability to engage in practice as a nurse aide and that is offered by a person that holds a permit.
History:
Add. 2017, Act 172, Eff. Feb. 19, 2018 ;-- Am 2023, Act 274, Eff. Mar. 7, 2024
Popular Name:
Act 368