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) › 368-1978-17-215 - Part 215 Hospitals (333.21501...333.21571) › Section 333.21561 - Application for Designation as Rural Community Hospital; Use of Term “Rural Community Hospital”; Definition.

333.21561 Application for designation as rural community hospital; use of term “rural community hospital”; definition.
Sec. 21561.
(1) After the effective date of the rules required under section 21563, a hospital with fewer than 100 licensed beds located in a nonurbanized area that is either licensed on or before the effective date of this section or is licensed after the effective date of this section and is located in a county that did not have a hospital on the effective date of this section may apply to the department for designation as a rural community hospital.
(2) The term "rural community hospital" shall not be used to describe or refer to a health facility or agency unless the health facility or agency is designated as a rural community hospital by the department.
(3) As used in this section, "nonurbanized area" means that term as defined in section 21551.
History:
Add. 1990, Act 252, Imd. Eff. Oct. 12, 1990
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-215 - Part 215 Hospitals (333.21501...333.21571) › Section 333.21563 - Rules for Designation of Rural Community Hospital, Maximum Number of Beds, and Services; Showing Designation on License; Licensing and Regulation of Rural Community Hospital; Applicable Provisions of Part 222; Differential Reimbursement.

333.21563 Rules for designation of rural community hospital, maximum number of beds, and services; showing designation on license; licensing and regulation of rural community hospital; applicable provisions of part 222; differential reimbursement.
Sec. 21563.
(1) The department, in consultation with the ad hoc advisory committee appointed under section 21562, shall promulgate rules for designation of a rural community hospital, maximum number of beds, and the services provided by a rural community hospital. The director shall submit proposed rules, based on the recommendations of the committee, for public hearing not later than 6 months after receiving the report under section 21562(5).
(2) The designation as a rural community hospital shall be shown on a hospital's license and shall be for the same term as the hospital license. Except as otherwise expressly provided in this part or in rules promulgated under this section, a rural community hospital shall be licensed and regulated in the same manner as a hospital otherwise licensed under this article. The provisions of part 222 applicable to hospitals also apply to a rural community hospital and to a hospital designated by the department under federal law as an essential access community hospital or a rural primary care hospital. This part and the rules promulgated under this part do not preclude the establishment of differential reimbursement for rural community hospitals, essential access community hospitals, and rural primary care hospitals.
History:
Add. 1990, Act 252, Imd. Eff. Oct. 12, 1990
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-215 - Part 215 Hospitals (333.21501...333.21571) › Section 333.21564 - Waiving Applicability of Specified Licensure Requirement; Conditions; Application for Waiver; Form; Duration of Waiver; Definition.

333.21564 Waiving applicability of specified licensure requirement; conditions; application for waiver; form; duration of waiver; definition.
Sec. 21564.
(1) Upon request of a hospital with less than 100 beds located in a nonurbanized area, the department may waive the applicability of a specified licensure requirement if the department determines that strict compliance with the licensure requirement is not necessary to protect the public health, safety, and welfare in light of the health care provided by or in the hospital. The department may impose conditions upon a waiver under this section to protect the public health, safety, and welfare.
(2) An application for a waiver under this section shall be on a form provided by the department.
(3) A waiver granted by the department under this section shall not exceed 2 years, except that the department may renew the waiver for subsequent periods if the hospital continues to meet the requirements of this section.
(4) As used in this section, "nonurbanized area" means that term as defined in section 21551.
History:
Add. 1990, Act 252, Imd. Eff. Oct. 12, 1990
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-215 - Part 215 Hospitals (333.21501...333.21571) › Section 333.21565 - Mental Health Crisis Stabilization Program.

333.21565 Mental health crisis stabilization program.
Sec. 21565.
A hospital that has entered into a contract with a community mental health board may establish a mental health crisis stabilization program for voluntary admission with a maximum length of stay not to exceed 72 hours.
History:
Add. 1990, Act 252, Imd. Eff. Oct. 12, 1990
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-215 - Part 215 Hospitals (333.21501...333.21571) › Section 333.21566 - Essential Access Community Hospital; Designation; Purpose; Eligibility Requirements; Modification of Requirements.

333.21566 Essential access community hospital; designation; purpose; eligibility requirements; modification of requirements.
Sec. 21566.
(1) The department shall designate an eligible hospital as an essential access community hospital in order to qualify the facility for the essential access community hospital program under section 1820(e) of title XVIII of the social security act, 42 U.S.C. 1395i-4.
(2) To be eligible for designation as an essential access community hospital, a hospital shall meet all of the following requirements:
(a) Be located outside of a metropolitan statistical area, as defined by the United States office of management and budget.
(b) Be located more than 35 miles from an essential access community hospital, or a facility classified by the secretary of health and human services as a rural referral center or a regional referral center under section 1886 (d)(5)(c) of title XVIII of the social security act, 42 U.S.C. 1395ww.
(c) Have at least 75 inpatient beds or be located more than 35 miles from any other hospital.
(d) Have a transfer agreement with at least a facility designated as a rural primary care hospital under section 1820(f) of title XVIII of the social security act, 42 U.S.C. 1395i-4.
(e) Meet other requirements established by the department with the approval of the secretary of health and human services.
(f) Be a nonprofit or public hospital.
(3) The department may modify the requirements of subsection (2) in order to conform with changes in the federal requirements, or possible waivers, as provided in federal law or regulation for the designation of an essential access community hospital.
History:
Add. 1990, Act 252, Imd. Eff. Oct. 12, 1990
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-215 - Part 215 Hospitals (333.21501...333.21571) › Section 333.21567 - Rural Primary Care Hospital; Designation; Purpose; Eligibility Requirements; Modification of Requirements.

333.21567 Rural primary care hospital; designation; purpose; eligibility requirements; modification of requirements.
Sec. 21567.
(1) The department shall designate an eligible hospital as a rural primary care hospital in order to qualify the facility for the essential access community hospital program, under section 1820(f) of title XVIII of the social security act, 42 U.S.C. 1395i-4.
(2) To be eligible for designation as a rural primary care hospital, a hospital shall meet all of the following requirements:
(a) Be located outside of a metropolitan statistical area, as defined by the United States office of management and budget.
(b) Make available 24-hour emergency services.
(c) Provide no more than 6 inpatient beds for providing inpatient care for a period not to exceed 72 hours to patients requiring stabilization before discharge or transfer to a hospital.
(d) Have a transfer agreement with at least an essential access community hospital designated under section 21566.
(e) Meet other requirements established by the department and approved by the secretary of health and human services.
(f) Be a nonprofit or public hospital.
(3) The department shall indicate preferential designation under this section for an eligible hospital that is located more than 30 minutes travel time away from the next closest hospital.
(4) The department may modify the requirements of subsection (2) in order to conform with changes in the federal requirements, or possible waivers, as provided in federal law or regulation for the designation of a rural primary care hospital.
History:
Add. 1990, Act 252, Imd. Eff. Oct. 12, 1990
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-215 - Part 215 Hospitals (333.21501...333.21571) › Section 333.21568 - Rural Health Networks.

333.21568 Rural health networks.
Sec. 21568.
The center for rural health created under section 2612, as part of the development of the biennial rural health plan required under section 2223, shall develop a plan that provides for the creation of a set of rural health networks. Each rural health network shall consist, at a minimum, of 1 essential access community hospital, rural referral center, or regional referral center described in section 21566, and 1 rural primary care hospital as described in section 21567. Other rural health care providers including, but not limited to, primary care centers, community health centers, licensed nursing homes, and local public health departments may also be included in a rural health network for the purpose of developing a continuum of patient care.
History:
Add. 1990, Act 252, Imd. Eff. Oct. 12, 1990
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-215 - Part 215 Hospitals (333.21501...333.21571) › Section 333.21571 - Rural Hospital; Eligibility Requirements; Definition.

333.21571 Rural hospital; eligibility requirements; definition.
Sec. 21571.
(1) To be a rural hospital and qualify as an eligible hospital under the federal medicare rural hospital flexibility program, 42 USC 1395i-4, a hospital not located outside of a metropolitan statistical area as defined in 42 USC 1395ww shall be located in a city, village, or township with a population of no more than 12,000 and in a county with a population of no more than 110,000. Population is to be determined according to the official 2000 federal decennial census.
(2) A hospital that is determined to be a rural hospital under this section may be designated by the department as a critical provider to satisfy the eligibility requirements for certification as a critical access hospital.
(3) As used in this section, "rural hospital" means a hospital that is located outside of a metropolitan statistical area as defined in 42 USC 1395ww or that satisfies the criteria established under subsection (1).
History:
Add. 2004, Act 444, Imd. Eff. Dec. 22, 2004
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) › 368-1978-17-216 - Part 216 Mobile Dental Facility (333.21601...333.21617) › Section 333.21603 - Mobile Dental Facility; Permit; Operator; Contracting or Employing Other Dentists, Dental Hygienists, or Dental Assistants; Permit for 1 or More Mobile Dental Facilities.

333.21603 Mobile dental facility; permit; operator; contracting or employing other dentists, dental hygienists, or dental assistants; permit for 1 or more mobile dental facilities.
Sec. 21603.
(1) An operator shall obtain a permit under this part for a mobile dental facility before offering dental services at the facility.
(2) A mobile dental facility shall have an operator in charge at all times.
(3) An operator may contract or employ other dentists, dental hygienists, or dental assistants to work in a mobile dental facility.
(4) An operator may hold a permit for 1 or more mobile dental facilities.
History:
Add. 2014, Act 100, Eff. Apr. 1, 2015
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) › 368-1978-17-216 - Part 216 Mobile Dental Facility (333.21601...333.21617) › Section 333.21605 - Permit; Application; Fee; Duration; Renewal; Late Fee; Compliance With Requirements; Transfer; Interim Permit; Approval or Denial Within 60 Days of Application.

333.21605 Permit; application; fee; duration; renewal; late fee; compliance with requirements; transfer; interim permit; approval or denial within 60 days of application.
Sec. 21605.
(1) An individual or entity seeking a permit to operate a mobile dental facility shall submit an application on a form provided by the department.
(2) An application submitted to the department under subsection (1) shall include a registration fee in an amount determined by the department but not more than the cost of a dental license renewal fee.
(3) A permit is valid for 3 years and an application for renewal may be submitted not later than the last day of the month in which the permit expires upon submission of proof to the department of compliance with the requirements of this part. A permit application that is not timely filed is subject to a late fee in an amount determined by the department as the additional cost of processing the late renewal, but not more than a dental license late renewal fee.
(4) A permit shall not be issued unless the applying individual or entity is in compliance with all applicable requirements of this part.
(5) A permit issued under this part is not transferrable. If the operator of the mobile dental facility changes, the permit is no longer valid. However, if an application for a new permit to continue operating the mobile dental facility is submitted not later than 30 days after the change of operator, the former permit is valid as an interim permit until the application is approved or denied, but not longer than 90 days.
(6) The department shall either approve or deny an application for a permit under this part not later than 60 days after receiving the application.
History:
Add. 2014, Act 100, Eff. Apr. 1, 2015
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) › 368-1978-17-216 - Part 216 Mobile Dental Facility (333.21601...333.21617) › Section 333.21611 - Memorandum of Agreement; Exemption.

333.21611 Memorandum of agreement; exemption.
Sec. 21611.
If the operator has a memorandum of agreement due to its status as a state of Michigan designated or funded oral health prevention program with oversight from the department, the operator is exempt from any requirement concerning a memorandum of agreement under this part.
History:
Add. 2014, Act 100, Eff. Apr. 1, 2015
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) › 368-1978-17-216 - Part 216 Mobile Dental Facility (333.21601...333.21617) › Section 333.21613 - Occurrences Requiring Notification to Department; Cessation of Operation.

333.21613 Occurrences requiring notification to department; cessation of operation.
Sec. 21613.
(1) The operator or his or her designee shall notify the department not later than 30 days after any of the following occurrences:
(a) A change in the mobile dental facility operator.
(b) A change in a memorandum of agreement required under section 21607.
(c) A change in the address or telephone number of the mobile dental facility operator.
(d) Cessation of operation of a mobile dental facility.
(e) Any memorandum of agreement entered into after obtaining a permit under this part.
(2) Upon cessation of operation of a mobile dental facility, the operator shall do all of the following:
(a) Provide written notice to all treatment venues and, upon request, provide evidence of the written notice to the department.
(b) Provide for availability of each active patient's dental records by 1 of the following methods:
(i) Make the dental records available to the patient or the patient's parent or guardian for 180 days after the mobile dental facility ceases operation and, upon his or her request, transfer the records to the active patient, the patient's parent or guardian, or another dentist.
(ii) Transfer the records to another dentist.
(c) Notify each active patient or the patient's parent or guardian that the dental records are available as required under subdivision (b), including the name and contact information for the dentist if the records have been transferred.
(d) Upon request from the department, provide documentation that a reasonable attempt was made to contact each active patient or the active patient's parent or guardian to provide information concerning storage and retrieval of the patient's records.
History:
Add. 2014, Act 100, Eff. Apr. 1, 2015
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) › 368-1978-17-216 - Part 216 Mobile Dental Facility (333.21601...333.21617) › Section 333.21615 - Exemption; Conflict With Federal Law; Rules.

333.21615 Exemption; conflict with federal law; rules.
Sec. 21615.
(1) Any individual or entity owning, operating, or providing services at a mobile dental facility is exempt from this part if the mobile dental facility is used solely to provide services that are rendered without compensation.
(2) If a provision in this part conflicts with a federal law regulating nursing homes, the federal law prevails.
(3) The department may promulgate rules to implement this part.
History:
Add. 2014, Act 100, Eff. Apr. 1, 2015
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) › 368-1978-17-216 - Part 216 Mobile Dental Facility (333.21601...333.21617) › Section 333.21617 - Third-Party Reimbursement or Worker's Compensation Benefits.

333.21617 Third-party reimbursement or worker's compensation benefits.
Sec. 21617.
This part does not require new or additional third-party reimbursement or mandated worker's compensation benefits for services rendered at a mobile dental facility.
History:
Add. 2014, Act 100, Eff. Apr. 1, 2015
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 333.21701 - Meanings of Words and Phrases; General Definitions and Principles of Construction.

333.21701 Meanings of words and phrases; general definitions and principles of construction.
Sec. 21701.
(1) For purposes of this part, the words and phrases defined in sections 21702 to 21703 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:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1978, Act 493, Eff. Mar. 30, 1979
Compiler's Notes:
For transfer of powers and duties of the division of health facility licensing and certification in the bureau of health systems, division of federal support services, and the division of emergency medical services, with the exception of the division of managed care and division of health facility development, from the department of public health to the director of the department of commerce, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.For transfer of powers and duties of the bureau of health services from the department of consumer and industry services to the director of the department of community health by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21702 - Definitions; D to P.

333.21702 Definitions; D to P.
Sec. 21702.
(1) "Discharge" means the voluntary or involuntary movement of a patient out of a nursing home regardless of the individual's destination or reason for the movement.
(2) "Full-time" means being usually present in the nursing home or conducting or participating in activities directly related to the nursing home during the normal 40-hour business week.
(3) "Involuntary transfer" means a transfer not agreed to in writing by the patient or, in the case of a plenary guardianship, by the patient's legal guardian.
(4) "Medicaid" means the program for medical assistance established under title XIX of the social security act, chapter 531, 49 Stat. 620, 42 U.S.C. 1396 to 1396f, and 1396i to 1396u, and administered by the department of social services under the social welfare act, Act No. 280 of the Public Acts of 1939, being sections 400.1 to 400.119b of the Michigan Compiled Laws.
(5) "Medical reasons" means a medical justification for either of the following:
(a) The transfer or discharge of a patient in accord with the written orders of the attending physician that is written into the patient's clinical record by the physician in the progress notes.
(b) The transfer or discharge of a patient who is a medicaid recipient due to a change in level of care required by the patient and the fact that the nursing home or nursing care facility is not certified to provide the needed level of care.
(6) "Medicare" means that term as defined in section 2701.
(7) "Modification of a license" means an action by the department to alter the number of beds, the levels of care, the portions of the physical plant that may be operated or maintained by a licensee in a particular nursing home, or to restrict the nursing home from engaging in activity that violates this article or a rule promulgated under this article.
(8) "Negative case action" means an action taken by the department of social services to deny an application for medical assistance, cancel medical assistance, or reduce medical assistance coverage.
(9) "Nonpayment" means:
(a) Failure to collect from the patient or any other source the full amount of the facility charges to a nonmedicaid patient based on a written contract signed on or after that patient's admission to the facility.
(b) Failure to collect a medicaid patient's stipulated contribution toward his or her care.
(10) "Private pay rate" means the amount charged by a nursing home for the care of a patient who is not entitled to state or federal benefits for that patient's nursing home care.
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 333.21703 - Definitions; P to W.

333.21703 Definitions; P to W.
Sec. 21703.
(1) "Patient" means a resident.
(2) "Patient's representative" or "resident's representative" means a person, other than the licensee or an employee or person having a direct or indirect ownership interest in the nursing home, designated in writing by a resident or a resident's guardian for a specific, limited purpose or for general purposes, or, if a written designation of a representative is not made, the guardian of the resident.
(3) "Relocation" means the movement of a resident from 1 bed to another or from 1 room to another within the same nursing home or within a certified distinct part of a nursing home.
(4) "Resident" means an individual who receives care or services at a nursing home.
(5) "Transfer" means the movement of a resident from 1 nursing home to another nursing home or from 1 certified distinct part of a nursing home to another certified distinct part of the same nursing home.
(6) "Welfare" means, with reference to a resident, the physical, emotional, or social well-being of a resident in a nursing home, including a resident awaiting transfer or discharge, as documented in the resident's clinical record by a licensed or certified health care professional.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 2015, Act 155, Eff. Jan. 18, 2016
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21707 - Prescribing Course of Medical Treatment; Limitations on Authority.

333.21707 Prescribing course of medical treatment; limitations on authority.
Sec. 21707.
(1) The course of medical treatment provided to a patient in a nursing home shall be prescribed by the patient's physician.
(2) This part does not:
(a) Authorize the supervision, regulation, or control of the practice of any method of healing.
(b) Authorize the medical supervision, regulation, or control of the remedial care or nonmedical nursing care of patients in a nursing home operated for the adherents of a bona fide church or religious denomination who rely upon treatment by prayer or spiritual means only in accordance with the creed or tenets of that church or denomination. The residents, patients, personnel, or employees, other than food handlers, of the home are not required to submit to a medical or physical examination. However, the nursing home shall be inspected and licensed under laws pertaining to fire, safety, sanitation, and building construction.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1978, Act 493, Eff. Mar. 30, 1979
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21711 - License Required; Prohibited Terms or Abbreviations; License for Formal or Informal Nursing Care Services; Exception.

333.21711 License required; prohibited terms or abbreviations; license for formal or informal nursing care services; exception.
Sec. 21711.
(1) A nursing home shall be licensed under this article.
(2) "Nursing home", "nursing center", "convalescent center", "extended care facility", or a similar term or abbreviation shall not be used to describe or refer to a health facility or agency unless the health facility or agency is licensed as a nursing home by the department under this article.
(3) A person shall not purport to provide formal or informal nursing care services of the kind normally provided in a nursing home without obtaining a license as provided in this article. This subsection does not apply to a hospital or a facility created by Act No. 152 of the Public Acts of 1885, as amended, being sections 36.1 to 36.12 of the Michigan Compiled Laws.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1978, Act 493, Eff. Mar. 30, 1979
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21712 - Name of Nursing Home; Change in Name; Prohibited Terms; Rehabilitation Services.

333.21712 Name of nursing home; change in name; prohibited terms; rehabilitation services.
Sec. 21712.
(1) A nursing home shall use the name that appears on the license for its premises. A nursing home shall not change its name without the approval of the department.
(2) A nursing home shall not use the terms "hospital" or "sanitarium" or a term conveying a meaning that is substantially similar to those terms in the name of the nursing home. However, a nursing home may use the term "health center" or "health care center" or "rehabilitation center" or a term conveying a meaning substantially similar to those terms as long as those terms do not conflict with the terms prohibited by this subsection.
(3) If a nursing home uses the term "rehabilitation center" in its name as allowed under subsection (2), the nursing home shall have the capacity to provide rehabilitation services that include, at a minimum, all of the following:
(a) Physical therapy services.
(b) Occupational therapy services.
(c) Speech therapy services.
(4) A nursing home shall not include in its name the name of a religious, fraternal, or charitable corporation, organization, or association unless the corporation, organization, or association is an owner of the nursing home.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 2001, Act 273, Imd. Eff. Jan. 11, 2002
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21713 - Owner, Operator, and Governing Body of Nursing Home; Responsibilities and Duties Generally.

333.21713 Owner, operator, and governing body of nursing home; responsibilities and duties generally.
Sec. 21713.
The owner, operator, and governing body of a nursing home licensed under this article:
(a) Are responsible for all phases of the operation of the nursing home and quality of care rendered in the home.
(b) Shall cooperate with the department in the enforcement of this article and require that the physicians and other personnel working in the nursing home and for whom a license or registration is required be currently licensed or registered.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21715 - Nursing Home; Programs of Planned and Continuing Nursing and Medical Treatment Required; Employment of or Contract With Licensed or Authorized Individual; Services; Dental Treatment.

333.21715 Nursing home; programs of planned and continuing nursing and medical treatment required; employment of or contract with licensed or authorized individual; services; dental treatment.
Sec. 21715.
(1) A nursing home shall provide:
(a) A program of planned and continuing nursing care under the charge of a registered nurse.
(b) A program of planned and continuing medical treatment under the charge of physicians. A nursing home, regardless of its status as a legal entity, may employ or contract with an individual licensed or otherwise authorized to engage in a health profession under part 170 or 175 to provide the program of planned and continuing nursing care and medical treatment under this subsection, which care and treatment include direct clinical services to residents.
(2) A nursing home shall provide nursing care and medical treatment that consist of services given to residents who are subject to prolonged suffering from illness or injury or who are recovering from illness or injury. A nursing home shall provide the care and treatment within the ability of the nursing home to provide and shall include the functions of medical treatment including the diagnosis and treatment of an illness; nursing care via assessment, planning, and implementation; evaluation of a resident's health care needs; and the carrying out of required treatment prescribed by a physician.
(3) A nursing home may provide dental treatment under the supervision of a dentist. A nursing home, regardless of its status as a legal entity, may employ or contract with a dentist who is licensed under part 166.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 2015, Act 156, Eff. Jan. 18, 2016
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21716 - Nursing Home; Influenza Vaccination.

333.21716 Nursing home; influenza vaccination.
Sec. 21716.
A nursing home shall offer each resident, or shall provide each resident with information and assistance in obtaining, an annual vaccination against influenza in accordance with the most recent recommendations of the advisory committee on immunization practices of the federal centers for disease control and prevention, as approved by the department of community health.
History:
Add. 2000, Act 437, Imd. Eff. Jan. 9, 2001
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21717 - Care of Certain Individuals in Nursing Home; Approval of Area and Program; Definitions.

333.21717 Care of certain individuals in nursing home; approval of area and program; definitions.
Sec. 21717.
(1) An individual shall not be admitted or retained for care in a nursing home if any of the following apply:
(a) The individual requires special medical or surgical treatment, or treatment for acute mental illness, developmental disability, communicable tuberculosis, or a communicable disease, unless the home is able to provide an area and a program for the care. The department shall approve both the area and the program.
(b) The individual has tested positive for coronavirus, is currently receiving treatment at a hospital, and has less than 72 hours remaining in the individual's overall isolation period as described in guidelines established by the federal Centers for Disease Control and Prevention. However, if the hospital determines that it has reached surge capacity, this subdivision does not apply.
(c) Except as otherwise provided in subsection (2), beginning November 15, 2020, the individual has tested positive for coronavirus unless any of the following apply:
(i) The individual has since recovered from coronavirus.
(ii) The nursing home is a care and recovery center.
(iii) The nursing home demonstrates to the department of health and human services that it meets the requirements described in section 5145(1)(e) to accept an individual who has tested positive for coronavirus within the approved designated area of the nursing home.
(2) If, by November 15, 2020, the department of health and human services has not implemented the process for the creation of care and recovery centers within nursing homes as described in section 5145(1)(d), a nursing home may admit or retain for care an individual who has tested positive for coronavirus until the date that the process is implemented by the department of health and human services and for up to 30 days thereafter.
(3) As used in this section:
(a) "Care and recovery center" means a care and recovery center described in section 5145.
(b) "Coronavirus" means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 2014, Act 66, Imd. Eff. Mar. 28, 2014 ;-- Am. 2020, Act 231, Imd. Eff. Oct. 22, 2020
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 333.21718 - Conditions of Skilled Nursing Facility Certification and Participation in Title 19 Program; Exception; Exemption.

333.21718 Conditions of skilled nursing facility certification and participation in title 19 program; exception; exemption.
Sec. 21718.
(1) Except as provided in subsections (3) and (4), as a condition of skilled nursing facility certification and participation in the title 19 program of the social security act, 42 USC 1396 to 1396w-5, a nursing home shall be concurrently certified for and give evidence of active participation in the title 18 program of the social security act, 42 USC 1395 to 1395kkk-1. A nursing facility that is not concurrently certified for the title 18 program on March 30, 1979 shall make application for concurrent certification not later than its next application for licensure and certification. A failure to make application shall result in the skilled nursing facility being decertified or refused certification as a provider in the title 19 program. Nursing home or nursing care facility participation in the title 18 program under the requirements for concurrent certification shall be effective not later than the beginning of the first accounting year following the home's or facility's title 18 certification.
(2) As a condition of skilled nursing facility certification, a nursing home shall obtain concurrent certification under title 19 of the social security act, 42 USC 1396 to 1396w-5, for each bed that is certified to provide skilled care under title 18 of the social security act, 42 USC 1395 to 1395kkk-1. Skilled care certification shall not be renewed unless the requirements of this subsection are met.
(3) An exception may be made from the requirements of subsection (1) for a nursing facility that is currently certified as a skilled nursing facility by the director for title 19 participation but has been determined, after making application, to be ineligible for title 18 certification by the secretary of the United States department of health and human services.
(4) A home or facility, or a distinct part of a home or facility, certified by the director as a special mental illness or a special developmental disability nursing home or nursing care facility is exempt from the requirements of subsection (1).
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 333.21719 - Immediate Access to Acute Care Facilities.

333.21719 Immediate access to acute care facilities.
Sec. 21719.
A nursing home shall not be licensed under this part unless the nursing home has formulated, and is prepared to implement, insofar as possible, a plan to provide immediate access to acute care facilities for the emergency care of patients.
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 333.21720 - Nursing Home Administrator Required.

333.21720 Nursing home administrator required.
Sec. 21720.
(1) The department shall not license a nursing home under this part unless that nursing home is under the direction of a nursing home administrator licensed under article 15.
(2) Each nursing home having 50 beds or more shall have a full-time licensed nursing home administrator. If a nursing home changes nursing home administrators, the nursing home immediately shall notify the department of the change.
History:
Add. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 2001, Act 139, Imd. Eff. Oct. 26, 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 333.21720a - Director of Nursing; Nursing Personnel; Effective Date of Subsection (1); Natural Disaster or Other Emergency.

333.21720a Director of nursing; nursing personnel; effective date of subsection (1); natural disaster or other emergency.
Sec. 21720a.
(1) A nursing home shall not be licensed under this part unless that nursing home has on its staff at least 1 registered nurse with specialized training or relevant experience in the area of gerontology, who shall serve as the director of nursing and who shall be responsible for planning and directing nursing care. The nursing home shall have at least 1 licensed nurse on duty at all times and shall employ additional registered and licensed practical nurses in accordance with subsection (2). This subsection shall not take effect until January 1, 1980.
(2) A nursing home shall employ nursing personnel sufficient to provide continuous 24-hour nursing care and services sufficient to meet the needs of each patient in the nursing home. Nursing personnel employed in the nursing home shall be under the supervision of the director of nursing. A licensee shall maintain a nursing home staff sufficient to provide not less than 2.25 hours of nursing care by employed nursing care personnel per patient per day. The ratio of patients to nursing care personnel during a morning shift shall not exceed 8 patients to 1 nursing care personnel; the ratio of patients to nursing care personnel during an afternoon shift shall not exceed 12 patients to 1 nursing care personnel; and the ratio of patients to nursing care personnel during a nighttime shift shall not exceed 15 patients to 1 nursing care personnel and there shall be sufficient nursing care personnel available on duty to assure coverage for patients at all times during the shift. An employee designated as a member of the nursing staff shall not be engaged in providing basic services such as food preparation, housekeeping, laundry, or maintenance services, except in an instance of natural disaster or other emergency reported to and concurred in by the department. In a nursing home having 30 or more beds, the director of nursing shall not be included in counting the minimum ratios of nursing personnel required by this subsection.
(3) In administering this section, the department shall take into consideration a natural disaster or other emergency.
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 333.21720b - Agreement With County Community Mental Health Program.

333.21720b Agreement with county community mental health program.
Sec. 21720b.
A nursing home shall not be licensed under this part unless that nursing home has entered into an agreement with the county community mental health program, if available, that will service the mental health needs of the patients of the nursing home.
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 333.21721 - Bond Required.

333.21721 Bond required.
Sec. 21721.
(1) Before issuance or renewal of a nursing home license under this article, the owner, operator, or governing body of the nursing home shall give a bond and provide evidence of a patient trust fund in an amount consistent with subsection (2) and with the surety the department approves. The bond shall be conditioned that the applicant shall hold separately in the trust fund all patients' funds deposited with the applicant, shall administer the funds on behalf of the patient in the manner directed by the depositor, shall render a true and complete account to the patient not less than once each 3 months, to the depositor when requested, and to the department of public health and the department of social services, when requested. Upon termination of the deposit, the applicant shall account for all funds received, expended, and held on hand. The bond shall insure the department of public health, for the benefit of the patients.
(2) The bond shall be in an amount equal to not less than 1-1/4 times the average balance of patient funds held during the previous year. The department may require an additional bond, or permit the filing of a bond in a lower amount, if the department determines a change in the average balance has occurred or may occur. An applicant for a new license shall file a bond in an amount which the department estimates as 1-1/4 times the average amount of patient funds which the applicant, upon the issuance of the license, is likely to hold during the first year of operation.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1978, Act 493, Eff. Mar. 30, 1979
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21731 - Licensee Considered Consumer of Tangible Personal Property.

333.21731 Licensee considered consumer of tangible personal property.
Sec. 21731.
A licensee of a nursing home operated for profit is considered to be the consumer, and not the retailer, of the tangible personal property purchased and used or consumed in the operation of the home.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 17 - Facilities and Agencies (333.20101...333.22260) › 368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e) › Section 333.21733 - Repealed. 2009, Act 188, Eff. May 1, 2010.

333.21733 Repealed. 2009, Act 188, Eff. May 1, 2010.
Compiler's Notes:
The repealed section pertained to smoking policies in nursing homes.
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 333.21735 - Requirement of Emergency Generator System in Nursing Home.

333.21735 Requirement of emergency generator system in nursing home.
Sec. 21735.
(1) A nursing home licensed under this article shall have, at a minimum, an emergency generator system that complies with existing state and federal law, including state and federal rules and regulations.
(2) A nursing home that fails to comply with this section is subject to a civil penalty as provided under existing state and federal law, including state and federal rules and regulations.
History:
Add. 2004, Act 397, Eff. Apr. 15, 2005
Popular Name:
Act 368