HOUSE BILL No. 6241


     July 3, 2002, Introduced by Reps. Woronchak and Spade and referred to the Committee on Senior Health, Security and Retirement.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending sections 20194 and 21799a (MCL 333.20194 and

   333.21799a), section 20194 as added by 1993 PA 79.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 20194.  (1)  A  SUBJECT TO SUBSECTIONS (2) AND (3), A

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        health facility or agency, except a health facility or agency

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        licensed under part 209, and including a health facility that is

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        not licensed under this article but holds itself out as providing

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        medical services, shall conspicuously display in the patient

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        waiting areas or other common areas of the health facility or

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        agency copies of a pamphlet provided by the department of  public

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        health  CONSUMER AND INDUSTRY SERVICES outlining the procedure

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        for filing a complaint against a health facility or agency with

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        the department  of public health  and the procedure for filing a


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        complaint  with the department of commerce  against  a person  AN

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        INDIVIDUAL who is licensed or registered under article 15 AND

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        employed by, under contract to, or granted privileges by the

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        health facility or agency.  The pamphlet shall be  prepared

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        DEVELOPED AND DISTRIBUTED by the department of  public health in

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        consultation with in consultation with the department of commerce

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        and appropriate professional associations  CONSUMER AND INDUSTRY

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        SERVICES.

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             (2) The department of  public health  CONSUMER AND INDUSTRY

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        SERVICES shall print the pamphlets REQUIRED UNDER SUBSECTION (1)

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        in languages that are appropriate to the ethnic composition of

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        the patient population where the pamphlet will be displayed.  THE

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        DEPARTMENT SHALL ALSO PRINT THE PAMPHLET IN LARGE, EASILY READ-

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        ABLE TYPE AND IN NONTECHNICAL, EASILY UNDERSTOOD LANGUAGE.  THE

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        DEPARTMENT SHALL PERIODICALLY DISTRIBUTE COPIES OF THE PAMPHLET

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        TO EACH HEALTH FACILITY OR AGENCY AND TO EACH UNLICENSED HEALTH

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        FACILITY DESCRIBED IN SUBSECTION (1).

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             (3) THE DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES SHALL

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        INCLUDE A MODEL STANDARDIZED COMPLAINT FORM IN THE PAMPHLET

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        DESCRIBED IN SUBSECTION (1).  THE DEPARTMENT MAY DEVELOP A SEPA-

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        RATE MODEL STANDARDIZED COMPLAINT FORM THAT IS SPECIFIC TO A PAR-

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        TICULAR HEALTH FACILITY OR AGENCY OR CATEGORY OF HEALTH FACILI-

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        TIES AND AGENCIES.  THE DEPARTMENT SHALL DEVELOP A MODEL STAN-

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        DARDIZED COMPLAINT FORM THAT IS SPECIFIC TO NURSING HOMES.  THE

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        DEPARTMENT SHALL INCLUDE ON THE MODEL STANDARDIZED COMPLAINT

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        FORM, AT A MINIMUM, SIMPLE INSTRUCTIONS ON HOW TO FILE A

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        COMPLAINT, INCLUDING WITH THE DEPARTMENT, THE STATE LONG-TERM



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        CARE OMBUDSMAN, THE MICHIGAN PROTECTION AND ADVOCACY SERVICE, AND

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        THE HEALTH CARE FRAUD UNIT OF THE DEPARTMENT OF ATTORNEY

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        GENERAL.  THE DEPARTMENT SHALL DISTRIBUTE COPIES OF THE MODEL

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        STANDARDIZED COMPLAINT FORM SIMULTANEOUSLY WITH COPIES OF THE

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        PAMPHLET AS REQUIRED UNDER SUBSECTION (2).  THE NURSING HOME

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        SHALL CONSPICUOUSLY DISPLAY AND MAKE AVAILABLE MULTIPLE COPIES OF

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        THE MODEL STANDARDIZED COMPLAINT FORM NEXT TO THE PAMPHLET IN THE

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        PATIENT WAITING AREAS OR OTHER COMMON AREAS OF THE NURSING HOME

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        THAT ARE EASILY ACCESSIBLE TO NURSING HOME PATIENTS AND THEIR

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        VISITORS, AS DESCRIBED IN SUBSECTION (1).  THE DEPARTMENT SHALL

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        INCLUDE ON THE MODEL STANDARDIZED COMPLAINT FORM A TELEPHONE

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        NUMBER FOR THE RECEIPT OF ORAL COMPLAINTS.

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             Sec. 21799a.  (1) A person who believes that this part, a

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        rule promulgated under this part, or a federal certification reg-

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        ulation applying to a nursing home may have been violated may

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        request an investigation of a nursing home.  The PERSON SHALL

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        SUBMIT THE request  shall be submitted  FOR INVESTIGATION to the

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        department OF CONSUMER AND INDUSTRY SERVICES as a written

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        complaint, or the department shall assist the person in reducing

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        an oral request to a written complaint within 7 days after the

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        oral request is made.  A PERSON FILING A COMPLAINT UNDER THIS

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        SUBSECTION MAY FILE THE COMPLAINT ON A MODEL STANDARDIZED COM-

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        PLAINT FORM DEVELOPED AND DISTRIBUTED BY THE DEPARTMENT UNDER

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        SECTION 20194(3).

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             (2) The substance of  the  A complaint FILED UNDER SUBSEC-

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        TION (1) shall be provided to the licensee no earlier than at the





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        commencement of the on-site inspection of the nursing home

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         which  THAT takes place pursuant to the complaint.

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             (3)  The  A complaint FILED UNDER SUBSECTION (1), a copy of

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        the complaint, or a record published, released, or otherwise dis-

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        closed to the nursing home shall not disclose the name of the

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        complainant or a patient named in the complaint unless the com-

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        plainant or patient consents in writing to the disclosure or the

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        investigation results in an administrative hearing or a judicial

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        proceeding, or unless disclosure is considered essential to the

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        investigation by the department OF CONSUMER AND INDUSTRY

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        SERVICES.  If THE DEPARTMENT CONSIDERS disclosure  is considered

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        essential to the investigation, the DEPARTMENT SHALL GIVE THE

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        complainant  shall be given  the opportunity to withdraw the com-

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        plaint before disclosure.

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             (4) Upon receipt of a complaint UNDER SUBSECTION (1), the

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        department OF CONSUMER AND INDUSTRY SERVICES shall determine,

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        based on the allegations presented, whether this part, a rule

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        promulgated under this part, or a federal certification regula-

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        tion for nursing homes has been, is, or is in danger of being

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        violated.  The department shall investigate the complaint accord-

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        ing to the urgency determined by the department.  The initiation

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        of a complaint investigation shall commence within 15 days after

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        receipt of the written complaint by the department.

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             (5) If, at any time, the department OF CONSUMER AND INDUSTRY

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        SERVICES determines that this part, a rule promulgated under this

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        part, or a federal certification regulation for nursing homes has

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        been violated, the department shall list the violation and the



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        provisions violated on the state and federal licensure and

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        certification forms for nursing homes.  The DEPARTMENT SHALL CON-

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        SIDER THE violations,  shall be considered,  as evidenced by a

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        written explanation,  by the department  when it makes a licen-

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        sure and certification decision or recommendation.

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             (6) In all cases, the department OF CONSUMER AND INDUSTRY

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        SERVICES shall inform the complainant of its findings unless oth-

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        erwise indicated by the complainant.  Within 30 days after  the

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        receipt of THE complaint, the department shall provide the com-

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        plainant a copy, if any, of the written determination, the cor-

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        rection notice, the warning notice, and the state licensure or

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        federal certification form, or both, on which the violation is

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        listed, or a status report indicating when these documents may be

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        expected.  The DEPARTMENT SHALL INCLUDE IN THE final report

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         shall include  a copy of the original complaint.  The complain-

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        ant may request additional copies of the documents  listed

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        DESCRIBED in this subsection and UPON RECEIPT shall reimburse the

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        department for the copies in  accord  ACCORDANCE with established

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        policies and procedures.

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             (7)  A  THE DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

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        SHALL MAKE A written determination, correction notice, or warning

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        notice concerning a complaint  shall be  available for public

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        inspection, but the DEPARTMENT SHALL NOT DISCLOSE THE name of the

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        complainant or patient  shall not be disclosed  without the

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        complainant's or patient's consent.

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             (8)  A  THE DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

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        SHALL REPORT A violation discovered as a result of the complaint



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        investigation procedure  shall be reported  to persons

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        administering sections 21799c to 21799e.  The DEPARTMENT SHALL

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        ASSESS A PENALTY FOR A violation,  shall be assessed a penalty

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        as  described in  PRESCRIBED BY this  act  ARTICLE.

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             (9) A complainant who is dissatisfied with the determination

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        or investigation by the department OF CONSUMER AND INDUSTRY

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        SERVICES may request a hearing.  A COMPLAINANT SHALL SUBMIT A

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        request for a hearing  shall be submitted  in writing to the

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        director within 30 days after the mailing of the department's

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        findings as described in subsection (6).   Notice  THE DEPARTMENT

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        SHALL SEND NOTICE of the time and place of the hearing  shall be

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        sent  to the complainant and the nursing home.
































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