reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › EMS - Personnel Licensure and Regulation Rules › Part 2 - EMERGENCY MEDICAL SERVICES PERSONNEL LICENSING › Section R. 325.22314 - Licensure by reciprocity

Current through Vol. 24-12, July 15, 2024
Rule 22314. An applicant for licensure by reciprocity must
					 submit a completed application provided by the department together with the
					 required fee, and all of the following documentation:
(a) Verification of current
				  licensure/certification/registration in any state that granted permission to
				  practice.
(b) Successful completion
				  of a department-prescribed examination that verifies passage of examinations or
				  NREMT status, or both.
(c)
				  Sanctions or grounds for sanctions by another state that may exist at time of
				  application that will disqualify the applicant until the other state certifies
				  that those sanctions or grounds for sanctions no longer exist for the
				  applicant.
(d) Proof of training
				  that is substantially equivalent to the state-prescribed curriculum. If
				  deficiencies are noted, proof of continuing education or training in areas
				  determined deficient by the department must be submitted.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › EMS - Personnel Licensure and Regulation Rules › Part 2 - EMERGENCY MEDICAL SERVICES PERSONNEL LICENSING › Section R. 325.22315 - Licensure by national registry status only

Current through Vol. 24-12, July 15, 2024
Rule 22315. An applicant for licensure who has active NREMT
					 status only and who has not been licensed in any other state must submit a
					 completed application to the department, together with the required fee, and
					 meet both of the following requirements:
(a) Verification of NREMT.
(b) Proof of training that is substantially
				  equivalent to the state-prescribed curriculum. If deficiencies are noted, proof
				  of continuing education or training in areas determined deficient by the
				  department must be submitted.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › EMS - Personnel Licensure and Regulation Rules › Part 2 - EMERGENCY MEDICAL SERVICES PERSONNEL LICENSING › Section R. 325.22316 - License renewal

Current through Vol. 24-12, July 15, 2024
Rule 22316. Not more than 60 days before the date of
					 license expiration, the department shall transmit a renewal notice to the
					 licensee. Failure of the licensee to receive notice for renewal does not
					 relieve the licensee of the responsibility for renewing his or her
					 license.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › EMS - Personnel Licensure and Regulation Rules › Part 3 - CONTINUING EDUCATION REQUIREMENTS › Section R. 325.22321 - License renewal or relicensure for medical first responders; continuing education

Current through Vol. 24-12, July 15, 2024
Rule 22321.
(1)
				  An applicant for license renewal as a medical first responder who has been
				  licensed for the 3-year period immediately preceding the expiration date of the
				  license or an applicant for relicensure as a medical first responder must
				  accumulate at least 15 continuing education credit hours that are approved by
				  the department under these rules during the 3 years preceding an application
				  for renewal or relicensure.
(2) An
				  applicant for license renewal or for relicensure under section
				  20954 of the code, MCL
				  333.20954, in addition to the
				  requirements of subrule (1) of this rule, must have an appropriate and current
				  CPR credential as determined by the department. Continuing education credit for
				  a CPR credential may be part of the medical continuing education category
				  requirement.
(3) The categories of
				  approved continuing education activities for medical first responders are
				  prescribed by the department, in collaboration with the EMSCC, on a triennial
				  basis.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › EMS - Personnel Licensure and Regulation Rules › Part 3 - CONTINUING EDUCATION REQUIREMENTS › Section R. 325.22322 - License renewal or relicensure for emergency medical technicians; continuing education

Current through Vol. 24-12, July 15, 2024
Rule 22322.
(1)
				  An applicant for license renewal as an emergency medical technician who has
				  been licensed for the 3-year period immediately preceding the expiration date
				  of the license or an applicant for relicensure as an emergency medical
				  technician must accumulate at least 30 continuing education credit hours that
				  are approved by the department under these rules during the 3 years preceding
				  an application for renewal or relicensure.
(2) An applicant for license renewal or
				  relicensure pursuant to section
				  20954 of the code, MCL
				  333.20954, in addition to the
				  requirements of subrule (1) of this rule, must have an appropriate and current
				  CPR credential as determined by the department. Continuing education credit for
				  a CPR credential may be part of the medical continuing education category
				  requirement.
(3) The categories of
				  approved continuing education activities for emergency medical technicians are
				  prescribed by the department, in collaboration with the EMSCC, on a triennial
				  basis.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › EMS - Personnel Licensure and Regulation Rules › Part 3 - CONTINUING EDUCATION REQUIREMENTS › Section R. 325.22323 - License renewal or relicensure for emergency medical technician specialists; continuing education

Current through Vol. 24-12, July 15, 2024
Rule 22323.
(1)
				  An applicant for license renewal as an emergency medical technician specialist
				  who has been licensed for the 3-year period immediately preceding the
				  expiration date of the license or an applicant for relicensure as an emergency
				  medical technician specialist must accumulate at least 36 continuing education
				  credit hours that are approved by the department under these rules during the 3
				  years preceding an application for renewal or relicensure.
(2) An applicant for license renewal or for
				  relicensure under section
				  20954 of the code, MCL
				  333.20954, in addition to the
				  requirements of subrule (1) of this rule, must have an appropriate and current
				  CPR credential as determined by the department. Continuing education credit for
				  a CPR credential may be part of the medical continuing education category
				  requirement.
(3) The categories of
				  approved continuing education activities for emergency medical technician
				  specialists are prescribed by the department, in collaboration with the EMSCC,
				  on a triennial basis.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › EMS - Personnel Licensure and Regulation Rules › Part 3 - CONTINUING EDUCATION REQUIREMENTS › Section R. 325.22324 - License renewal or relicensure for paramedics; continuing education

Current through Vol. 24-12, July 15, 2024
Rule 22324.
(1)
				  An applicant for license renewal or relicensure as a paramedic who has been
				  licensed for the 3-year period immediately preceding the expiration date of the
				  license or an applicant for relicensure as a paramedic must accumulate at least
				  45 continuing education credit hours that are approved by the department under
				  these rules during the 3 years preceding an application for renewal or
				  relicensure.
(2) An applicant for
				  license renewal or for relicensure under section
				  20954 of the code, MCL
				  333.20954, in addition to the
				  requirements of subrule (1) of this rule, must have an appropriate and current
				  CPR credential as determined by the department. Continuing education credit for
				  CPR credential may be part of the medical continuing education category
				  requirement.
(3) The categories of
				  approved continuing education activities for paramedics are prescribed by the
				  department, in collaboration with the EMSCC, on a triennial basis.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › EMS - Personnel Licensure and Regulation Rules › Part 3 - CONTINUING EDUCATION REQUIREMENTS › Section R. 325.22325 - Certification of compliance; additional documentation

Current through Vol. 24-12, July 15, 2024
Rule 22325.
(1)
				  Submission of an application for renewal or relicensure constitutes the
				  applicant's certification of compliance with the requirements of these
				  rules.
(2) The department may
				  require an applicant or licensee to submit documentation to demonstrate
				  compliance with the continuing education requirement. The applicant or licensee
				  must maintain documentation of his or her compliance with the continuing
				  education requirement for a period of 1 year after the expiration date of the
				  license. Failure to provide the documentation creates a rebuttable presumption
				  that the licensee has made a false and fraudulent statement in applying for a
				  license to practice emergency medical services. As provided under section
				  20958 of the code, MCL
				  333.20958, the department shall
				  determine if failure to provide documentation of compliance with the continuing
				  education requirement is a violation of section
				  20954 of the code, MCL
				  333.20954.
(3) Acceptable documentation of continuing
				  education must include all the following:
(a)
				  Name of the licensee participating in the program.
(b) Name of the sponsoring organization and
				  instructor-coordinator number.
(c)
				  Title of the program.
(d) Hours of
				  continuing education credit awarded per required category.
(e) Date of the program.
(f) Signature of the instructor-coordinator
				  or designee.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › EMS - Personnel Licensure and Regulation Rules › Part 3 - CONTINUING EDUCATION REQUIREMENTS › Section R. 325.22327 - Continuing education program sponsors

Current through Vol. 24-12, July 15, 2024
Rule 22327.
(1)
				  The department shall consider requests for approval of continuing education
				  programs by instructor-coordinators, program sponsors, or other parties not
				  covered in R 325.22326 who submit applications
				  on a form provided by the department. The department or its designee shall
				  evaluate applications for approval based on, but not limited to, the following
				  criteria:
(a) Educational goals or learning
				  objectives.
(b) Time schedule and
				  continuing education credits to be awarded.
(c) Sample certificate or documentation of
				  attendance to be issued to attendees.
(d) Documentation of qualifications of
				  presenters.
(e) Use of appropriate
				  and adequate facilities for a program.
(f) Program content that relates to the
				  general subject of emergency medicine.
(g) Evaluation tools to be used in a
				  program.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › EMS - Personnel Licensure and Regulation Rules › Part 4 - INSTRUCTOR-COORDINATORS › Section R. 325.22331 - Licensure by examination; requirements

Current through Vol. 24-12, July 15, 2024
Rule 22331.
(1)
				  An applicant for licensure by examination shall submit a completed application
				  and the requisite fee. In addition to meeting the other requirements of the
				  code and these rules, an applicant must do all the following:
(a) Be licensed in this state as an EMS
				  personnel.
(b) Demonstrate
				  successful completion of an approved instructor-coordinator educational
				  program.
(c) Have completed 3 years
				  of full-time, part-time, on-call, or volunteer direct patient care with a
				  licensed life support agency.
(d)
				  Pass the examination set forth in
				  R 325.22333.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › EMS - Personnel Licensure and Regulation Rules › Part 4 - INSTRUCTOR-COORDINATORS › Section R. 325.22332 - Examination application for instructor-coordinator

Current through Vol. 24-12, July 15, 2024
Rule 22332. An application for examination as an
					 instructor-coordinator must be completed and returned to the department within
					 2 calendar years of course completion. A candidate for examination whose
					 application is received more than 2 calendar years after course completion must
					 successfully complete another instructor-coordinator course before being
					 admitted into a subsequent examination.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › EMS - Personnel Licensure and Regulation Rules › Part 4 - INSTRUCTOR-COORDINATORS › Section R. 325.22333 - Instructor-coordinator examination

Current through Vol. 24-12, July 15, 2024
Rule 22333. The department or its designee must administer
					 a written examination to graduates of an instructor-coordinator education
					 course conducted by a department-approved education program.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › EMS - Personnel Licensure and Regulation Rules › Part 4 - INSTRUCTOR-COORDINATORS › Section R. 325.22334 - Failure to pass examination; education course required; reexamination

Current through Vol. 24-12, July 15, 2024
Rule 22334. An applicant who fails to attain a passing
					 score on the written examination in 3 attempts must successfully complete an
					 approved instructor-coordinator education course or refresher course before
					 reapplying to the department for further examination.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › EMS - Personnel Licensure and Regulation Rules › Part 4 - INSTRUCTOR-COORDINATORS › Section R. 325.22335 - Licensure by endorsement

Current through Vol. 24-12, July 15, 2024
Rule 22335.
(1)
				  An applicant for licensure by endorsement must submit a completed application
				  on a form provided by the department together with the requisite fee, and
				  submit documentation of all the following:
(a)
				  Verification of current licensure, certification, or registration in any state
				  in which the applicant is granted permission to practice.
(b) Examination scores for a
				  department-prescribed examination that verify passage of
				  examinations.
(c) Proof of training
				  that is substantially equivalent to the state-prescribed curriculum and
				  qualifications described in
				  R 325.22331(c). If
				  deficiencies are noted, proof of continuing education or training in areas
				  determined deficient by the department must be submitted.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › EMS - Personnel Licensure and Regulation Rules › Part 4 - INSTRUCTOR-COORDINATORS › Section R. 325.22336 - Professional development for instructor-coordinators; requirements

Current through Vol. 24-12, July 15, 2024
Rule 22336.
(1)
				  All licensed instructor-coordinators must accrue 30 professional development
				  credits in ongoing education programs specified by the department as
				  appropriate for licensed instructor-coordinators. The professional development
				  credits must be accrued during the 3-year licensure period.
(2) All professional development courses must
				  be approved by the department or its designee before implementation if
				  professional development credits are to be awarded.
(3) Instructor-coordinators shall earn 30
				  professional development hours in 1 of the following ways:
(a) Completion of a minimum 30-hour
				  department-approved instructor-coordinator refresher course.
(b) Completion of the required 30 hours in
				  department-approved professional development programs.
(c) Completion of a total of 30 hours in
				  professional development and educational experience with a minimum of 20 hours
				  in department-approved professional development programs and a minimum of 10
				  hours in educational experience as defined by the department.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › EMS - Personnel Licensure and Regulation Rules › Part 4 - INSTRUCTOR-COORDINATORS › Section R. 325.22337 - Instructor-coordinator license renewal or relicensure

Current through Vol. 24-12, July 15, 2024
Rule 22337.
(1)
				  Not more than 60 days before the date of license expiration, the department
				  shall transmit a renewal notice to the licensee. Failure of the licensee to
				  receive notice for renewal does not relieve the licensee of the responsibility
				  for renewing his or her license.
(2) An applicant for license renewal or
				  relicensure as an instructor-coordinator who has been licensed for the 3-year
				  period immediately before the expiration date of the license or an applicant
				  for relicensure, in addition to holding a current license as an emergency
				  medical technician, emergency medical technician specialist, or paramedic, must
				  accumulate during the 3 years before an application for renewal or relicensure
				  at least 30 professional development credit hours in department-approved
				  programs.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › EMS - Personnel Licensure and Regulation Rules › Part 4 - INSTRUCTOR-COORDINATORS › Section R. 325.22338 - Certification of compliance; additional documentation

Current through Vol. 24-12, July 15, 2024
Rule 22338. Instructor-coordinator renewal or relicensure
					 must be done in accordance with
					 R 325.22325.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › EMS - Personnel Licensure and Regulation Rules › Part 5 - EDUCATION PROGRAM REQUIREMENTS › Section R. 325.22339 - Education programs; requirements

Current through Vol. 24-12, July 15, 2024
Rule 22339. An emergency medical first responder, emergency
					 medical technician, advanced emergency medical technician, or paramedic
					 education program must comply with all the following requirements:
(a) Be under the direction of a physician
				  director, except for emergency medical first responder education programs.
				  Programs requiring emergency medical responder students to do clinicals must
				  have physician direction and vaccination requirements.
(b) Be coordinated by a licensed
				  instructor-coordinator who must ensure that an instructor-coordinator,
				  qualified instructor, or subject matter expert is in attendance at all didactic
				  and practical sessions.
(c)
				  Qualified instructors and subject matter experts are subject to review and
				  approval by the department through the program sponsor approval
				  process.
(d) Complete an
				  application prescribed by the department for educational program sponsor
				  approval to conduct an education course at least 60 days before the start of
				  the course.
(e) Advise the students
				  before or at the first
-
class session that the education program
				  and course are approved by the department.
(f) Conduct courses according to an on-site
				  program sponsor approval process.
(g) Provide the department within 30 calendar
				  days of course completion with a roster of students who successfully completed
				  the course, including each student's name and date of birth.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › EMS - Personnel Licensure and Regulation Rules › Part 5 - EDUCATION PROGRAM REQUIREMENTS › Section R. 325.22340 - Instructor-coordinator education program; requirements

Current through Vol. 24-12, July 15, 2024
Rule 22340. An instructor-coordinator education program
					 must comply with all the following requirements:
(a) Be coordinated by a licensed
				  instructor-coordinator who has coordinated at least 1 initial education program
				  in the last 3 consecutive years.
(b) Utilize qualified instructional staff
				  with appropriate expertise.
(c)
				  Include classroom and supervised student teaching or internship experience in
				  the curriculum.
(d) Complete an
				  application prescribed by the department to conduct an education course at
				  least 60 days before the start of the course and be approved by the department
				  through an on-site program sponsor approval before implementation.
(e) Conduct courses according to an on-site
				  program sponsor approval process.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › EMS - Personnel Licensure and Regulation Rules › Part 5 - EDUCATION PROGRAM REQUIREMENTS › Section R. 325.22341 - Education program sponsor responsibilities

Current through Vol. 24-12, July 15, 2024
Rule 22341. An education program sponsor is responsible for
					 the overall quality of the program and courses offered. The program sponsor,
					 the instructor-coordinator, and the physician director are responsible for, but
					 not limited to, all the following:
(a)
				  Establishing admission requirements and conducting entry assessments.
(b) Establishing standards for successful
				  course completion.
(c) Establishing
				  standards for instructors and approval of all instructors, ensuring that all
				  instructors meet or exceed the standards established in
				  R 325.22344.
(d) Ensuring that the medical control
				  authority in the region is informed of the program.
(e) Establishing clinical contracts specific
				  to the level of the program and expected activities.
(f) Monitoring the activities of the
				  emergency medical services instructor-coordinator based on standards developed
				  by the program sponsor.
(g)
				  Establishing an equal opportunity policy that at a minimum complies with state
				  and federal law.
(h) Providing an
				  adequate and appropriate instructional facility including making available
				  equipment that is functional, in good repair, and is of a similar type to that
				  currently on the list of required minimum equipment for life support
				  vehicles.
(i) Developing
				  examinations based on approved curricula.
(j) Developing a process for students to
				  appeal decisions made by the staff or sponsor relative to their performance in
				  the course. This process must be made available, in writing, to each
				  student.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › EMS - Personnel Licensure and Regulation Rules › Part 5 - EDUCATION PROGRAM REQUIREMENTS › Section R. 325.22342 - Instructor-coordinator responsibilities

Current through Vol. 24-12, July 15, 2024
Rule 22342.
(1)
				  An instructor-coordinator for all emergency medical educational training
				  courses must possess a current EMS license that is commensurate with the level
				  of the training course being taught.
(2) The instructor-coordinator
				  responsibilities include, but are not limited to, all the following:
(a) Complying with instructor-coordinator
				  performance standards indicated in instructor-coordinator curriculum.
(b) Being responsible for course development,
				  evaluation, and coordination of curricular elements, including those of a
				  clinical nature, and assisting in the selection and evaluation of instructors,
				  with the approval of the program sponsor and physician director.
(c) Planning the course content and ensuring
				  that it complies with the department's requirements.
(d) Assisting in the evaluation and selection
				  of students.
(e) Evaluating and
				  maintaining records of student performance.
(f) Maintaining and assuring the availability
				  of equipment and training aids.
(g)
				  Coordinating and maintaining records of clinical experience.
(h) Counseling and assisting students, as
				  appropriate.
(i) Providing the
				  department, within 30 calendar days of course completion, with a roster of
				  students who successfully completed the course, including each student's name
				  and date of birth.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › EMS - Personnel Licensure and Regulation Rules › Part 5 - EDUCATION PROGRAM REQUIREMENTS › Section R. 325.22343 - Education program physician director; responsibilities

Current through Vol. 24-12, July 15, 2024
Rule 22343. The education program physician director
					 responsibilities must include, but are not limited to, all the
					 following:
(a) Conducting a periodic
				  review of the organization and content of a course to ensure that current
				  standards of emergency medical care are being utilized throughout the
				  course.
(b) Working with the
				  education sponsor and the instructor-coordinator in carrying out the
				  responsibilities of course development, evaluation, and coordination of
				  curricular elements, including those of a clinical nature, and selecting and
				  evaluating instructors.
(c) Having
				  clinical experience and current expertise in providing emergency
				  care.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › EMS - Personnel Licensure and Regulation Rules › Part 5 - EDUCATION PROGRAM REQUIREMENTS › Section R. 325.22344 - Education program course instructor; requirements

Current through Vol. 24-12, July 15, 2024
Rule 22344. An education program course instructor must
					 meet, at a minimum, both of the following requirements:
(a) Have a working and practical knowledge of
				  the objectives and components of the education course relevant to his or her
				  area of instruction.
(b) Be a
				  licensed health professional with relevant and current clinical experience or
				  possess educational expertise that is appropriate to his or her specific topic
				  of instruction.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › EMS - Personnel Licensure and Regulation Rules › Part 5 - EDUCATION PROGRAM REQUIREMENTS › Section R. 325.22345 - Department evaluation of education programs

Current through Vol. 24-12, July 15, 2024
Rule 22345.
(1)
				  The department may evaluate an emergency medical services program at any time.
				  An evaluation will be completed when any of the following occurs:
(a) A request for a new program is
				  submitted.
(b) The failure rate on
				  the required licensure examination for 1 calendar year of compiled statistics
				  is more than 10% below the threshold established by the department.
(c) A complaint is received by the
				  department.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Enforcement System for Long-Term Care Facilities › Part 11 - ENFORCEMENT SYSTEM FOR LONG-TERM CARE FACILITIES › Section R. 330.11002 - Department authority and duties

Current through Vol. 24-12, July 15, 2024
Rule 11002.
(1)
				  The department is responsible for the implementation of an enforcement system
				  for nursing facilities. The departments duties include, but are not limited to,
				  determining remedies for noncompliance with federal conditions of participation
				  to be used instead of, or in addition to, termination of a facilitys
				  participation in the medicaid program. These rules are promulgated in
				  accordance with section 1919 of the social security act of 1935,
				  42 U.S.C.
				  §1396(h)(2)(A). Section
				  1919requires that a state establish, by law, whether by statute or by
				  regulation, remedies for noncompliance.
(2) The department shall enter into an
				  agreement or contract with the designated state survey agency. The designated
				  state survey agency is responsible for all survey and medicaid certification
				  functions assigned to it by the contract or agreement between MDCH and the
				  designated state survey agency. Nothing in these rules shall be construed as
				  restricting the remedies or authority otherwise available to the state survey
				  agency under federal and state law to address a nursing facilitys
				  deficiencies.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Enforcement System for Long-Term Care Facilities › Part 11 - ENFORCEMENT SYSTEM FOR LONG-TERM CARE FACILITIES › Section R. 330.11003 - Determining substantial compliance with regulations governing medicaid certification

Current through Vol. 24-12, July 15, 2024
Rule 11003.
(1)
				  The state medicaid agency, based on the determinations and recommendations of
				  the state survey agency or HCFA, on the basis of a standard, abbreviated,
				  extended, or partial extended survey, shall determine whether a participating
				  nursing facility is in substantial compliance with the regulations governing
				  medicaid certification.
(2) Based
				  on the determination of noncompliance, the department or HCFA may impose 1 or
				  more remedies. Remedies may be based on any of the following:
(a) The welfare of the residents.
(b) The seriousness of the
				  deficiency.
(c) The facility
				  compliance history.
(d) The
				  likelihood that the remedy will lead to quick and sustained
				  compliance.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Enforcement System for Long-Term Care Facilities › Part 11 - ENFORCEMENT SYSTEM FOR LONG-TERM CARE FACILITIES › Section R. 330.11004 - Determining seriousness of deficiencies

Current through Vol. 24-12, July 15, 2024
Rule 11004.
(1)
				  The state medicaid agency shall determine the seriousness of a deficiency for
				  the purpose of selecting enforcement remedies based upon the scope and severity
				  determinations and recommendations of the state survey agency. Scope represents
				  how many residents are or may be affected by a specific deficiency. Severity
				  represents the seriousness of the deficiency on resident outcome.
(2) Each scope and severity combination shall
				  be assigned an alphabetic level. The most serious deficiency cited, which is
				  based on the level of severity first, and then scope shall determine the
				  category or categories of remedies that shall be applied.
(3) Any of the following additional factors
				  may be included in the selection of remedies:
(a) Whether the deficiency poses immediate
				  jeopardy to the residents health or safety.
(b) The relationship of one deficiency to
				  other deficiencies.
(c) The
				  facilitys compliance history.
(d)
				  The likelihood that the selected remedy will achieve correction and continued
				  compliance.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Enforcement System for Long-Term Care Facilities › Part 11 - ENFORCEMENT SYSTEM FOR LONG-TERM CARE FACILITIES › Section R. 330.11005 - Severity

Current through Vol. 24-12, July 15, 2024
Rule 11005. The level of severity of a deficiency shall be
					 categorized by the department or by HCFA as 1 of the following:
(a) "No actual harm with a potential for
				  minimal harm." This level means that a deficiency has the potential for causing
				  no more than a minor negative impact on the resident.
(b) "No actual harm with a potential for more
				  than minimal harm, but not immediate jeopardy." This level means noncompliance
				  that results in minimal physical, mental, or psychosocial discomfort to the
				  resident or has the potential to compromise the residents ability to maintain
				  or reach his or her highest practicable physical, mental, or psychosocial
				  well-being as defined by an accurate and comprehensive resident assessment,
				  plan of care, and provision of services.
(c) "Actual harm that is not immediate
				  jeopardy." This level means noncompliance that results in a negative outcome
				  that has compromised the residents ability to maintain or reach his or her
				  highest practicable physical, mental, and psychosocial well-being as defined by
				  an accurate and comprehensive resident assessment, plan of care, and provision
				  of services.
(d) "Immediate
				  jeopardy to resident health or safety." This level means a situation in which
				  immediate corrective action is necessary because the nursing facilitys
				  noncompliance with 1 or more requirements of participation has caused, or is
				  likely to cause, serious injury, serious harm, impairment, or death to a
				  resident receiving care in the facility.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Enforcement System for Long-Term Care Facilities › Part 11 - ENFORCEMENT SYSTEM FOR LONG-TERM CARE FACILITIES › Section R. 330.11006 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 11006. The degree of scope is provided in the
					 HCFA-issued state operations manual, appendix P, part I, section V, deficiency
					 categorization, and is categorized as follows:
(a) Isolated. Scope is isolated if 1 or a
				  very limited number of residents are affected or if 1 or a very limited number
				  of staff are involved, or if the situation has occurred only occasionally or in
				  a very limited number of locations, or both.
(b) Pattern. Scope is a pattern if more than
				  a very limited number of residents are affected or if more than a very limited
				  number of staff are involved, or both, or if the situation has occurred in
				  several locations or the same residents have been affected by repeated
				  occurrences of the same deficient practice, or both. The effect of the
				  deficient practice is not found to be pervasive throughout the
				  facility.
(c) Widespread. Scope is
				  widespread if the problems causing the deficiencies are pervasive in the
				  facility or represent systemic failure that affected, or has the potential to
				  affect, a large portion or all of the facilitys residents.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Enforcement System for Long-Term Care Facilities › Part 11 - ENFORCEMENT SYSTEM FOR LONG-TERM CARE FACILITIES › Section R. 330.11007 - Remedies for deficiencies

Current through Vol. 24-12, July 15, 2024
Rule 11007
(1)
				  Remedies that may be imposed by the state medicaid agency, based upon
				  determinations and recommendations of the state survey agency or HCFA, are
				  specified in these rules. The state medicaid agency may accept an action by the
				  state survey agency, under state licensure authority, as a remedy imposed under
				  these rules.
(2) Remedies shall be
				  grouped into 3 categories. The categories take into consideration the scope and
				  severity of the deficiency. When the scope and severity increase, the number of
				  categories available from which to select remedies also increases.
(3) Federally authorized remedies that the
				  state medicaid agency may impose are described in federal rules as stated in
				  42 C.F.R.
				  §488.400 et seq. and as further
				  discussed in section 7400 of the health care financing administration (HCFA)
				  state operations manual for medicaid and medicare certified facilities. The
				  federally authorized remedies include, but are not limited to, 1 or more of the
				  following:
(a) A denial of payment for new
				  admissions.
(b) State
				  monitoring.
(c) A temporary
				  manager.
(d) An administrative
				  advisor or clinical advisor, or both.
(e) A directed plan of correction.
(f) Directed in-service training.
(g) Civil money penalties.
(h) Closure of a nursing facility or the
				  transfer of residents, or both.
(i)
				  Termination of a provider agreement.
(j) Denial of payment for all individuals.
				  This remedy is imposed by HCFA.
(k)
				  Public notice that is required under state licensure authority.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Enforcement System for Long-Term Care Facilities › Part 11 - ENFORCEMENT SYSTEM FOR LONG-TERM CARE FACILITIES › Section R. 330.11008 - Facility classification

Current through Vol. 24-12, July 15, 2024
Rule 11008.
(1) A
				  facility that meets the federal definition of "poor performer" shall not be
				  given a date certain, that is an opportunity to correct before remedies are
				  imposed. Remedies shall be imposed immediately.
(2) In making a determination to impose
				  remedies, the state medicaid agency shall consider whether the state survey
				  agency has identified a nursing facility as needing early review under the
				  state licensure authority.
(3) If a
				  nursing facility is allowed a date certain, then the nursing facility may or
				  may not have federal category 1 remedies imposed immediately.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Enforcement System for Long-Term Care Facilities › Part 11 - ENFORCEMENT SYSTEM FOR LONG-TERM CARE FACILITIES › Section R. 330.11009 - Assuring prompt facility certification compliance

Current through Vol. 24-12, July 15, 2024
Rule 11009.
(1) If
				  a nursing facility is not found by the state survey agency to be in substantial
				  compliance with certification requirements within 90 days after the date the
				  facility is determined to be out of compliance, then the state medicaid agency
				  shall deny payment for services provided to medicaid eligible individuals
				  admitted to the nursing facility on or after that date.
(2) The nursing facility shall not bill the
				  medicaid program for services provided to medicaid-eligible clients admitted to
				  the facility on or after that date.
(3) A nursing facility that has deficiencies
				  that constitute serious and immediate jeopardy shall not be allowed more than
				  23 days to correct the serious and immediate jeopardy and, depending on the
				  situation, may be allowed less than 23 days before termination of the medicaid
				  participation agreement.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Enforcement System for Long-Term Care Facilities › Part 11 - ENFORCEMENT SYSTEM FOR LONG-TERM CARE FACILITIES › Section R. 330.11010 - Failure to readmit qualified medicaid resident

Current through Vol. 24-12, July 15, 2024
Rule 11010.
(1)
				  The state medicaid agency shall impose a daily civil money penalty of $400.00
				  on a nursing facility if the state medicaid agency is notified that the nursing
				  facility unlawfully refuses to readmit a qualified medicaid resident after
				  hospitalization.
(2) If a nursing
				  facility unlawfully refused to readmit a qualified medicaid resident after
				  hospitalization, then a date certain shall not be applied. The daily civil
				  money penalty shall start on the date validated by the state survey agency that
				  nursing home readmission should have occurred.
(3) The daily $400.00 penalty continues
				  against the nursing facility until the resident is offered the next qualifying
				  available medicaid bed.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Enforcement System for Long-Term Care Facilities › Part 11 - ENFORCEMENT SYSTEM FOR LONG-TERM CARE FACILITIES › Section R. 330.11011 - Substandard quality of care (SQC)

Current through Vol. 24-12, July 15, 2024
Rule 11011.
(1) If
				  a nursing facility is cited for SQC, then, together with other remedies, the
				  state medicaid agency shall apply the following additional remedies:
(a) Request the state survey agency to notify
				  the attending physicians of residents identified during the survey process as
				  having been affected by the SQC or by the deficient findings.
(b) Request the state survey agency to notify
				  the state nursing home administrators licensure board of all findings of
				  SQC.
(c) Request the state survey
				  agency to revoke approval of the nurse aide training program.
(d) In the event of substandard quality of
				  care, the state medicaid agency may assess a daily civil money
				  penalty.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Enforcement System for Long-Term Care Facilities › Part 11 - ENFORCEMENT SYSTEM FOR LONG-TERM CARE FACILITIES › Section R. 330.11012 - Immediate jeopardy

Current through Vol. 24-12, July 15, 2024
Rule 11012.
(1) If
				  a nursing facility is cited for immediate jeopardy, then a date certain will
				  not be allowed. The state medicaid agency shall request that the state survey
				  agency take immediate action to ensure that the facility removes the jeopardy
				  and corrects the deficiencies or the state medicaid agency shall terminate the
				  facilitys participation under the medicaid state plan. Actions that may be
				  taken or requested by the state medicaid agency include, but are not limited
				  to, the following:
(a) Immediate termination
				  under the 23-day serious and immediate threat policy.
(b) Additional actions, which may include 1
				  or more of the following:
(i) Request the
				  state survey agency to order a temporary manager under its licensure
				  authority.
(ii) Impose any category
				  1 or 2 remedies determined appropriate.
(iii) Impose a daily civil money penalty of
				  $3,050.00 to $10,000.00.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Enforcement System for Long-Term Care Facilities › Part 11 - ENFORCEMENT SYSTEM FOR LONG-TERM CARE FACILITIES › Section R. 330.11013 - Nursing facility not in substantial compliance; notice of termination

Current through Vol. 24-12, July 15, 2024
Rule 11013.
(1) If
				  a facilitys deficiencies do not constitute immediate jeopardy, then the state
				  medicaid agency may apply alternative remedies instead of termination of the
				  provider agreement. However, even though the deficiencies do not constitute
				  immediate jeopardy, a concurrent notice of termination shall be issued together
				  with written notice of the deficiency.
(2) If a facilitys deficiencies are not
				  corrected, then the notice of termination shall be effective not later than 180
				  days from the last date of survey.
(3) If an alternate remedy is chosen and the
				  nursing facility did not come into substantial compliance within 180 days, then
				  the state medicaid agency shall be liable to HCFA for payments made in the
				  interim and the nursing facility shall be liable to the state medicaid
				  agency.
(4) Concurrent notice of
				  termination from the state medicaid agency is given to alert the nursing
				  facility to the potential for nonpayment of services.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Enforcement System for Long-Term Care Facilities › Part 11 - ENFORCEMENT SYSTEM FOR LONG-TERM CARE FACILITIES › Section R. 330.11014 - Civil money penalty

Current through Vol. 24-12, July 15, 2024
Rule 11014.
(1)
				  Prior notice is not required before a civil money penalty is imposed.
(2) A penalty equivalent to a 1-day penalty
				  shall apply in all circumstances even if a facility deficiency is immediately
				  corrected.
(3) The daily penalty
				  shall end on the day before the determination of substantial compliance. Civil
				  money penalties remain effective until the nursing facility achieves
				  substantial compliance or until termination.
(4) The state medicaid agency shall accept
				  the determination of the state survey agency as to the date a nursing facility
				  has come into substantial compliance.
(5) Civil money penalty amounts shall be
				  increased or decreased to reflect changes in levels of compliance at
				  revisit.
(6) Civil money penalty
				  amounts shall increase by 50% for repeat deficiencies.
(7) Continuing assessment of civil money
				  penalties may cease if facility cooperation exists and 1 of the following
				  occurs:
(a) The appointment of a receiver by a
				  circuit court.
(b) Closure of a
				  nursing facility as evidenced by the filing of a notice of discontinuance of
				  operation with the Michigan department of consumer and industry services under
				  section 21785 of Act No. 368 of the Public Acts of 1978, as amended, being
				  §
											333.21785
				  of the Michigan Compiled Laws.
(c)
				  Appointment of a temporary manager for the purpose of overseeing the orderly
				  closure of the nursing facility.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Enforcement System for Long-Term Care Facilities › Part 11 - ENFORCEMENT SYSTEM FOR LONG-TERM CARE FACILITIES › Section R. 330.11015 - Notice of civil money penalty assessment

Current through Vol. 24-12, July 15, 2024
Rule 11015.
(1)
				  The state medicaid agency shall obtain both of the following from the state
				  survey agency:
(a) Notice of the civil money
				  penalty recommended.
(b) The
				  specific type of civil money penalty recommendation and applicable number of
				  days recommended.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Enforcement System for Long-Term Care Facilities › Part 11 - ENFORCEMENT SYSTEM FOR LONG-TERM CARE FACILITIES › Section R. 330.11016 - Civil money penalty collection

Current through Vol. 24-12, July 15, 2024
Rule 11016.
(1) A
				  civil money penalty shall be collected through voluntary transmittal.
(2) A civil money penalty shall be paid by
				  check made payable to the "State of Michigan." A penalty shall be paid within
				  30 calendar days of receipt of the initial notice of penalty or within 15 days
				  of the issuance of appeal results. A repayment schedule shall not be
				  allowed.
(3) If voluntary
				  transmittal of the full penalty amount does not occur, the civil money penalty
				  shall be recovered by gross adjustment against the next available medicaid
				  warrant.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › Enforcement System for Long-Term Care Facilities › Part 11 - ENFORCEMENT SYSTEM FOR LONG-TERM CARE FACILITIES › Section R. 330.11017 - Civil money penalty not allowable medicaid cost

Current through Vol. 24-12, July 15, 2024
Rule 11017. A civil money penalty is not an allowable
					 medicaid cost.
Michigan Administrative Code › Department - Health and Human Services › Medical Services Administration › State Vendor Participation in Medical Costs › Section R. 400.24 - Time limitation on claims by county social welfare board

Current through Vol. 24-12, July 15, 2024
Rule 24. All claims incurred and paid by the county social
				  welfare board involving vendor medical service for which state reimbursement is
				  sought must be submitted to the county bureau of social aid on a monthly basis
				  but not later than the end of the fifth month following the month in which the
				  latest continuous service in the same class is rendered. Provided, that the
				  state department may pay a bill submitted beyond the fifth month if in its
				  judgment there are extenuating circumstances and if federal financial
				  participation can be obtained.