HOUSE BILL No. 4624 April 15, 1997, Introduced by Reps. Freeman, Leland, Bogardus, Hale, Schermesser, Wojno, Brown, Cherry, Gubow, Goschka and Schauer and referred to the Committee on Consumer Protection. A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21714. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 21714. (1) THIS SECTION AND SECTION 21714A SHALL BE 2 KNOWN AND MAY BE CITED AS THE "NURSING HOME CONSUMERS 3 RIGHT-TO-KNOW ACT". 4 (2) IT IS THE INTENT OF THIS LEGISLATURE IN ENACTING THIS 5 SECTION AND SECTION 21714A TO ASSURE THE HIGHEST QUALITY OF CARE 6 POSSIBLE TO THE RESIDENTS OF NURSING HOMES IN THIS STATE. THIS 7 LEGISLATURE RECOGNIZES THE IMPORTANCE OF SUFFICIENT STAFFING IN A 8 NURSING HOME'S ABILITY TO PROVIDE THIS QUALITY OF CARE. THIS 9 LEGISLATURE RECOGNIZES THE DIFFICULTY EXPERIENCED BY POTENTIAL 10 CONSUMERS OF NURSING HOME SERVICES IN ASSESSING THE COMPARABLE 11 SERVICES PROVIDED BY NURSING HOMES IN THIS STATE. THIS 00795'97 CPD 2 1 LEGISLATURE RECOGNIZES THE IMPORTANCE OF A DETAILED AND ACCURATE 2 DISCLOSURE OF INFORMATION TO POTENTIAL CONSUMERS OF NURSING HOME 3 SERVICES WHEN THOSE CONSUMERS ARE MAKING DECISIONS ON WHERE TO 4 PLACE INDIVIDUALS WHO NEED NURSING HOME CARE. IT IS THE INTENT 5 OF THIS LEGISLATURE IN ENACTING THIS SECTION AND SECTION 21714A 6 TO MAKE DETAILED AND ACCURATE INFORMATION ON THE SERVICES PRO- 7 VIDED IN EACH NURSING HOME IN THIS STATE READILY AVAILABLE TO 8 POTENTIAL CONSUMERS OF NURSING HOME SERVICES. THIS LEGISLATURE 9 RECOGNIZES THAT, BY REQUIRING NURSING HOMES TO MAKE THIS DISCLO- 10 SURE RESULTING IN THE INCREASED AVAILABILITY OF THIS INFORMATION, 11 THE MARKET FORCES OF CONSUMER CHOICE WILL PLAY A MORE DIRECT ROLE 12 IN DETERMINING HOW NURSING HOME ASSETS GET ALLOCATED, WITHOUT 13 ADDITIONAL EXPENDITURES BY THIS STATE. 14 (3) A NURSING HOME LICENSED UNDER THIS ARTICLE SHALL COM- 15 PLETE AND FILE ANNUALLY WITH THE DEPARTMENT A NURSING HOME DIS- 16 CLOSURE FORM AS PROVIDED FOR IN SECTION 21714A. THE FORM SHALL 17 BE FILED SIMULTANEOUSLY WITH THE FILING OF MEDICAID COST REPORTS 18 TO THIS STATE BUT IN NO CASE LATER THAN 90 DAYS AFTER THE CLOSE 19 OF THE FISCAL YEAR. 20 (4) THE NURSING HOME DISCLOSURE FORM REQUIRED UNDER SUBSEC- 21 TION (3) SHALL PROVIDE ALL OF THE FOLLOWING INFORMATION FOR THE 22 IMMEDIATELY PRECEDING FISCAL YEAR: 23 (A) AVERAGE NURSING HOURS WORKED PER PATIENT DAY. 24 (B) THE REQUIRED NURSING HOURS BASED ON ACTUAL NURSING CARE 25 DAYS OF SERVICE AND THE COUNTY AVERAGE. 26 (C) THE TURNOVER RATE FOR NURSING STAFF. 00795'97 3 1 (D) THE WORKER INJURY RATE. 2 (E) CURRENT LICENSURE STATUS AND INFORMATION ON WHETHER THE 3 NURSING HOME HAS EVER BEEN SUBJECT TO A PROVISIONAL LICENSE, A 4 BAN ON ADMISSION, A LICENSE SUSPENSION OR REVOCATION, OR HAD A 5 RECEIVER APPOINTED TO OPERATE THE NURSING HOME, AND THE DATES OF 6 EACH OF THOSE OCCURRENCES. 7 (F) INFORMATION ON WHETHER THE NURSING HOME OPERATES ON A 8 GOVERNMENT-SPONSORED, PRIVATE NONPROFIT, OR PRIVATE FOR-PROFIT 9 BASIS. 10 (G) INFORMATION ON CORPORATE OWNERSHIP AND AFFILIATION. 11 (H) PRESETTLEMENT PROFITS. 12 (I) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE LOCAL OR 13 REGIONAL LONG-TERM CARE OMBUDSMAN AT THE AREA AGENCY ON AGING. 14 (5) REQUIRED STAFFING LEVELS, ACTUAL STAFFING LEVELS, TURN- 15 OVER RATES, INJURY RATES, PROFITS, AND OTHER INFORMATION 16 DESCRIBED IN SUBSECTION (4) SHALL BE COMPUTED AND REPORTED USING 17 THE NURSING HOME DISCLOSURE FORM PRESCRIBED IN SECTION 21714A. 18 (6) A NURSING HOME SHALL ALSO SEND COMPLETED DISCLOSURE 19 FORMS TO THE LOCAL OR REGIONAL LONG-TERM CARE OMBUDSMAN OF THE 20 AREA AGENCY ON AGING NO LATER THAN 90 DAYS AFTER THE CLOSE OF THE 21 FISCAL YEAR. 22 (7) A NURSING HOME SHALL POST FOR PUBLIC VIEWING IN THE 23 NURSING HOME THE MOST RECENT DISCLOSURE FORM AT THE SAME TIME THE 24 FORM IS SENT TO THE DEPARTMENT AND TO THE LOCAL OR REGIONAL 25 LONG-TERM CARE OMBUDSMAN, BUT IN NO CASE LATER THAN 90 DAYS AFTER 26 THE CLOSE OF THE FISCAL YEAR. 00795'97 4 1 (8) A NURSING HOME SHALL KEEP ALL DISCLOSURE FORMS AND 2 SUPPORTING DOCUMENTS ON FILE FOR A PERIOD OF AT LEAST 3 YEARS. A 3 NURSING HOME SHALL MAKE THESE FILES AVAILABLE FOR INSPECTION AND 4 COPYING AT THE NURSING HOME BY ANY PERSON DURING THE NORMAL BUSI- 5 NESS HOURS OF THE NURSING HOME. THE DEPARTMENT SHALL KEEP ON 6 FILE ALL DISCLOSURE FORMS FILED, SUBJECT TO PUBLIC INSPECTION 7 UNDER THE NORMAL TERMS AND CONDITIONS OF THE FREEDOM OF INFORMA- 8 TION ACT, 1976 PA 442, MCL 15.231 TO 15.246. 9 (9) THE DEPARTMENT SHALL PRODUCE AN ANNUAL SUMMARY OF NURS- 10 ING HOME DISCLOSURE FORMS FILED FOR EACH DEPARTMENT FIELD OFFICE 11 AREA IN THE FORM OF AN EASILY UNDERSTOOD RIGHT-TO-KNOW REPORT. 12 THE REPORT SHALL SHOW STAFFING LEVELS, TURNOVER RATES, INJURY 13 RATES, AND PROFITS FOR EACH REPORTING NURSING HOME, ARRANGED BOTH 14 ALPHABETICALLY BY NURSING HOME NAME AND BY NUMERICAL RANK. THE 15 DEPARTMENT SHALL COMPLETE RIGHT-TO-KNOW REPORTS EACH YEAR AT THE 16 SAME TIME USING THE MOST RECENTLY FILED NURSING HOME DISCLOSURE 17 FORMS AND INDICATING IF A NURSING HOME IS LATE IN FILING REQUIRED 18 DOCUMENTS. THE DEPARTMENT SHALL MAIL 3 COPIES OF THE APPLICABLE 19 RIGHT-TO-KNOW REPORT TO EACH NURSING HOME. EACH NURSING HOME 20 SHALL PROVIDE ACCESS TO THE RIGHT-TO-KNOW REPORT AT THE SAME TIME 21 AND IN THE SAME MANNER AS ACCESS IS GRANTED TO THE DISCLOSURE 22 FORMS, INCLUDING NOTIFICATION OF PROSPECTIVE RESIDENTS AND THEIR 23 FAMILIES. IN ADDITION, THE DEPARTMENT SHALL MAIL 3 COPIES OF 24 EACH RIGHT-TO-KNOW REPORT TO THE STATE LONG-TERM CARE OMBUDSMAN, 25 THE OFFICE OF SERVICES TO THE AGING, AND TO THE MICHIGAN COMMIS- 26 SION ON AGING AND SHALL MAKE AVAILABLE ADDITIONAL COPIES AS 00795'97 5 1 REQUESTED BY THE OMBUDSMAN, THE OFFICE OF SERVICES TO THE AGING, 2 OR THE COMMISSION ON AGING. 3 (10) DEPARTMENT COMPLIANCE INSPECTORS SHALL VERIFY THE 4 AVAILABILITY AND COMPLETENESS OF NURSING HOME DISCLOSURE FORMS 5 DURING ANNUAL CERTIFICATION INSPECTIONS, SURVEYS, AND 6 EVALUATIONS. IN ADDITION, THE DEPARTMENT SHALL INVESTIGATE CITI- 7 ZEN COMPLAINTS CONCERNING THE AVAILABILITY OR ACCURACY OF THE 8 DISCLOSURE MATERIALS OR OTHER ISSUES REGARDING COMPLIANCE WITH 9 THIS SECTION. THE DEPARTMENT SHALL MONITOR NURSING HOMES' COM- 10 PLIANCE WITH THE REQUIREMENT OF THIS SECTION FOR REGULAR FILING 11 OF DISCLOSURE FORMS. 12 (11) IN THE EVENT A NURSING HOME FAILS TO FILE A REQUIRED 13 DISCLOSURE FORM, FAILS TO MAKE A DISCLOSURE FORM OR RIGHT-TO-KNOW 14 REPORT AVAILABLE AS DESCRIBED IN THIS SECTION, OR WILLFULLY FAL- 15 SIFIES OR WITHHOLDS INFORMATION REQUIRED TO BE DISCLOSED UNDER 16 THIS SECTION, THE DEPARTMENT SHALL NOTIFY THE LOCAL MEDIA AND THE 17 STATE LONG-TERM CARE OMBUDSMAN OF THE FAILURE AND SHALL IMPOSE A 18 FINE OF $5,000.00 FOR EACH INCIDENCE. 19 Enacting section 1. This amendatory act takes effect upon 20 the expiration of 60 days after the date of its enactment. 21 Enacting section 2. This amendatory act does not take 22 effect unless Senate Bill No. _____ or House Bill No. _____ 23 (request no. 00795'97 a) of the 89th Legislature is enacted into 24 law. 00795'97 Final page. CPD