December 13, 2007, Introduced by Rep. Wojno and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 13805, 18701, 18711, 20173a, and 21401 (MCL
333.13805, 333.18701, 333.18711, 333.20173a, and 333.21401),
section 13805 as added by 1990 PA 21, sections 18701 and 18711 as
added by 2004 PA 3, section 20173a as added by 2006 PA 28, and
section 21401 as amended by 1996 PA 267, and by adding section
1104a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1104a. (1) "Home health agency" means a home health
agency as defined in section 1861(o) of the social security act, 42
USC 1395x, which home health agency has met the medicare conditions
of participation as prescribed in section 1891(a) of the social
security act, 42 USC 1395bbb, or is certified by this state as a
home health agency pursuant to an agreement described in section
1864 of the social security act, 42 USC 1395aa.
(2) "Home medical equipment" or "durable medical equipment"
means equipment that is appropriate for use in the home, is
primarily and customarily used to serve a medical purpose, is not
useful to a person in the absence of illness or injury, can stand
repeated use, and is 1 or more of the following:
(a) Life-sustaining equipment prescribed by a licensed health
professional that mechanically sustains, restores, or supplants a
vital bodily function, including, but not limited to, breathing.
(b) Technologically sophisticated medical equipment prescribed
by a licensed health professional that requires individualized
adjustment or regular maintenance by a home medical equipment
services provider to manage a consumer’s health care condition or
maintain the effectiveness of the equipment.
(c) An item specified by the department or appropriate board
in rules promulgated under this act.
(3) "Home medical equipment services" means the sale,
delivery, installation, maintenance, replacement, or demonstration
of home medical equipment.
(4) "Home medical equipment services provider" means a person
engaged in offering home medical equipment services to consumers in
this state.
(5) "Home services" means any of the following services that
are performed by or through a hospice, home services agency, or
home health agency to protect and maintain a consumer in his or her
personal residence or other independent living environment:
(a) Assistance with routine activities of daily living,
including eating, bathing, dressing, toileting, transferring, and
continence.
(b) Assistance with instrumental activities of daily living,
which activities are related to independent living and include
preparing meals, managing money, shopping for groceries or personal
items, performing light or heavy housework, and using a telephone.
(c) Companionship services.
(d) Private duty nursing.
(e) Therapy services, including physical therapy, occupational
therapy, speech pathology, and audiology.
(f) Specialized care on an hourly, shift, or continual basis.
(g) Other health-related services, including social work and
nutritional assistance.
(6) "Home services agency" means a public or private
organization that supplies, arranges for, refers, or schedules
employees or provides for independent contractors to provide home
services to a consumer in his or her personal residence or other
independent living environment for which the organization receives
a fee, consideration, or compensation of any kind. Home services
agency does not include a hospice, home health agency, or volunteer
provider of home services.
Sec. 13805. (1) "Advisory council" means the interdepartmental
medical waste advisory council created in section 13827.
(2) "Autoclave" means to sterilize using superheated steam
under pressure.
(3) "Decontamination" means rendering medical waste safe for
routine handling as solid waste.
(4) "Fund" means the medical waste emergency response fund
created in section 13829.
(5) "Health facility or agency" means that term as defined in
section 20106.
(6) "Household" means a single detached dwelling unit or a
single unit of a multiple dwelling.
(7) "Infectious agent" means a pathogen that is sufficiently
virulent so that if a susceptible host is exposed to the pathogen
in an adequate concentration and through a portal of entry, the
result could be transmission of disease to a human.
(8) "Medical waste" means any of the following that are not
generated from a household, a farm operation or other agricultural
business, a home for the aged, a home services agency, or a home
health
care agency:
(a) Cultures and stocks of infectious agents and associated
biologicals, including laboratory waste, biological production
wastes, discarded live and attenuated vaccines, culture dishes, and
related devices.
(b) Liquid human and animal waste, including blood and blood
products and body fluids, but not including urine or materials
stained with blood or body fluids.
(c) Pathological waste.
(d) Sharps.
(e) Contaminated wastes from animals that have been exposed to
agents infectious to humans, these being primarily research
animals.
Sec. 18701. (1) As used in this part:
(a) "Health facility" means a health facility or agency
licensed under article 17.
(b) "Medical director" means a physician who is responsible
for the quality, safety, appropriateness, and effectiveness of the
respiratory care services provided by a respiratory therapist, who
assists in quality monitoring, protocol development, and competency
validation, and who meets all of the following:
(i) Is the medical director of an inpatient or outpatient
respiratory care service or department within a health facility, or
of
a home care health agency,
home services agency, durable home
medical
equipment company services
provider, or educational
program.
(ii) Has special interest and knowledge in the diagnosis and
treatment of cardiopulmonary disorders and diseases.
(iii) Is qualified by training or experience, or both, in the
management of acute and chronic cardiopulmonary disorders and
diseases.
(c) "Physician" means that term as defined in sections 17001
and 17501.
(d) "Practice of respiratory care" means the provision of
respiratory care services. Practice of respiratory care may be
provided by an inpatient or outpatient service or department within
a
health facility, by a home care health agency, home services
agency, or durable home medical equipment company
services
provider, or by an educational program.
(e) "Respiratory care services" means preventative services,
diagnostic services, therapeutic services, and rehabilitative
services under the written, verbal, or telecommunicated order of a
physician to an individual with a disorder, disease, or abnormality
of the cardiopulmonary system as diagnosed by a physician.
Respiratory care services involve, but are not limited to,
observing, assessing, and monitoring signs and symptoms, reactions,
general behavior, and general physical response of individuals to
respiratory care services, including determination of whether those
signs, symptoms, reactions, behaviors, or general physical response
exhibit abnormal characteristics; the administration of
pharmacological, diagnostic, and therapeutic agents related to
respiratory care services; the collection of blood specimens and
other bodily fluids and tissues for, and the performance of,
cardiopulmonary diagnostic testing procedures including, but not
limited to, blood gas analysis; development, implementation, and
modification of respiratory care treatment plans based on assessed
abnormalities of the cardiopulmonary system, respiratory care
protocols, clinical pathways, referrals, and written, verbal, or
telecommunicated orders of a physician; application, operation, and
management of mechanical ventilatory support and other means of
life support; and the initiation of emergency procedures under the
rules promulgated by the board.
(f) "Respiratory therapist" and "respiratory care
practitioner" mean an individual engaged in the practice of
respiratory care and who is responsible for providing respiratory
care services and who is licensed under this article as a
respiratory therapist or respiratory care practitioner.
(2) In addition to the definitions in this part, article 1
contains general definitions and principles of construction
applicable to all articles in this code and part 161 contains
definitions applicable to this part.
Sec. 18711. (1) The department may issue a temporary license
as a respiratory therapist to an applicant who does not meet all of
the requirements of section 18709, if the applicant does all of the
following:
(a) Applies to the department for a temporary license within 1
year
after the effective date of the amendatory act that added this
part
July 1, 2004.
(b) Provides satisfactory proof to the department that he or
she has been employed full-time as a respiratory therapist for the
4 years immediately preceding the date of application in 1 of the
following:
(i) An inpatient or outpatient respiratory care service or
department within a licensed health facility.
(ii) A durable home medical equipment company
services
provider,
home services agency, or home care health agency.
(iii) A respiratory care educational program.
(c) Provides the department with a letter of recommendation
from his or her medical director at the time of application
attesting to the applicant's clinical competence as a respiratory
therapist.
(d) Pays the applicable fees prescribed by section 16344.
(2) A temporary license issued by the department under this
section expires within the same time period as a nontemporary
license issued by the department under this part. The holder of a
temporary license issued under this section may apply for 1 or more
renewals of the temporary license a number of times, but an
individual may not hold a temporary license for more than a total
of 4 years.
(3) The holder of a temporary license issued under this
section is subject to this part and the rules promulgated under
this part, except for the requirements for licensure.
Sec. 20173a. (1) Except as otherwise provided in subsection
(2), a health facility or agency that is a nursing home, county
medical care facility, hospice, hospital that provides swing bed
services, home for the aged, home services agency, or home health
agency shall not employ, independently contract with, or grant
clinical privileges to an individual who regularly has direct
access to or provides direct services to patients or residents in
the
health facility or agency after the effective date of this
section
April 1, 2006 if the individual satisfies 1 or more of the
following:
(a) Has been convicted of a relevant crime described under 42
USC 1320a-7.
(b) Has been convicted of any of the following felonies, an
attempt or conspiracy to commit any of those felonies, or any other
state or federal crime that is similar to the felonies described in
this subdivision, other than a felony for a relevant crime
described under 42 USC 1320a-7, unless 15 years have lapsed since
the individual completed all of the terms and conditions of his or
her sentencing, parole, and probation for that conviction prior to
the date of application for employment or clinical privileges or
the date of the execution of the independent contract:
(i) A felony that involves the intent to cause death or serious
impairment of a body function, that results in death or serious
impairment of a body function, that involves the use of force or
violence, or that involves the threat of the use of force or
violence.
(ii) A felony involving cruelty or torture.
(iii) A felony under chapter XXA of the Michigan penal code,
1931 PA 328, MCL 750.145m to 750.145r.
(iv) A felony involving criminal sexual conduct.
(v) A felony involving abuse or neglect.
(vi) A felony involving the use of a firearm or dangerous
weapon.
(vii) A felony involving the diversion or adulteration of a
prescription drug or other medications.
(c) Has been convicted of a felony or an attempt or conspiracy
to commit a felony, other than a felony for a relevant crime
described under 42 USC 1320a-7 or a felony described under
subdivision (b), unless 10 years have lapsed since the individual
completed all of the terms and conditions of his or her sentencing,
parole, and probation for that conviction prior to the date of
application for employment or clinical privileges or the date of
the execution of the independent contract.
(d) Has been convicted of any of the following misdemeanors,
other than a misdemeanor for a relevant crime described under 42
USC 1320a-7, or a state or federal crime that is substantially
similar to the misdemeanors described in this subdivision, within
the 10 years immediately preceding the date of application for
employment or clinical privileges or the date of the execution of
the independent contract:
(i) A misdemeanor involving the use of a firearm or dangerous
weapon with the intent to injure, the use of a firearm or dangerous
weapon that results in a personal injury, or a misdemeanor
involving the use of force or violence or the threat of the use of
force or violence.
(ii) A misdemeanor under chapter XXA of the Michigan penal
code, 1931 PA 328, MCL 750.145m to 750.145r.
(iii) A misdemeanor involving criminal sexual conduct.
(iv) A misdemeanor involving cruelty or torture unless
otherwise provided under subdivision (e).
(v) A misdemeanor involving abuse or neglect.
(e) Has been convicted of any of the following misdemeanors,
other than a misdemeanor for a relevant crime described under 42
USC 1320a-7, or a state or federal crime that is substantially
similar to the misdemeanors described in this subdivision, within
the 5 years immediately preceding the date of application for
employment or clinical privileges or the date of the execution of
the independent contract:
(i) A misdemeanor involving cruelty if committed by an
individual who is less than 16 years of age.
(ii) A misdemeanor involving home invasion.
(iii) A misdemeanor involving embezzlement.
(iv) A misdemeanor involving negligent homicide.
(v) A misdemeanor involving larceny unless otherwise provided
under subdivision (g).
(vi) A misdemeanor of retail fraud in the second degree unless
otherwise provided under subdivision (g).
(vii) Any other misdemeanor involving assault, fraud, theft, or
the possession or delivery of a controlled substance unless
otherwise provided under subdivision (d), (f), or (g).
(f) Has been convicted of any of the following misdemeanors,
other than a misdemeanor for a relevant crime described under 42
USC 1320a-7, or a state or federal crime that is substantially
similar to the misdemeanors described in this subdivision, within
the 3 years immediately preceding the date of application for
employment or clinical privileges or the date of the execution of
the independent contract:
(i) A misdemeanor for assault if there was no use of a firearm
or dangerous weapon and no intent to commit murder or inflict great
bodily injury.
(ii) A misdemeanor of retail fraud in the third degree unless
otherwise provided under subdivision (g).
(iii) A misdemeanor under part 74 unless otherwise provided
under subdivision (g).
(g) Has been convicted of any of the following misdemeanors,
other than a misdemeanor for a relevant crime described under 42
USC 1320a-7, or a state or federal crime that is substantially
similar to the misdemeanors described in this subdivision, within
the year immediately preceding the date of application for
employment or clinical privileges or the date of the execution of
the independent contract:
(i) A misdemeanor under part 74 if the individual, at the time
of conviction, is under the age of 18.
(ii) A misdemeanor for larceny or retail fraud in the second or
third degree if the individual, at the time of conviction, is under
the age of 16.
(h) Is the subject of an order or disposition under section
16b of chapter IX of the code of criminal procedure, 1927 PA 175,
MCL 769.16b.
(i) Has been the subject of a substantiated finding of
neglect, abuse, or misappropriation of property by a state or
federal agency pursuant to an investigation conducted in accordance
with 42 USC 1395i-3 or 1396r.
(2) Except as otherwise provided in subsection (5), a health
facility or agency that is a nursing home, county medical care
facility, hospice, hospital that provides swing bed services, home
for the aged, home services agency, or home health agency shall not
employ, independently contract with, or grant privileges to an
individual who regularly has direct access to or provides direct
services to patients or residents in the health facility or agency
after
the effective date of this section April 1, 2006 until the
health facility or agency conducts a criminal history check in
compliance with subsection (4). This subsection and subsection (1)
do not apply to any of the following:
(a) An individual who is employed by, under independent
contract to, or granted clinical privileges in a health facility or
agency
before the effective date of this section April 1, 2006.
Within
24 months after the effective date of this section April 1,
2006, an individual who is exempt under this subdivision shall
provide the department of state police with a set of fingerprints
and the department of state police shall input those fingerprints
into the automated fingerprint identification system database
established under subsection (12). An individual who is exempt
under this subdivision is not limited to working within the health
facility or agency with which he or she is employed by, under
independent
contract to, or granted clinical privileges on the
effective
date of this section April 1,
2006. That individual may
transfer to another health facility or agency that is under the
same ownership with which he or she was employed, under contract,
or granted privileges. If that individual wishes to transfer to
another health facility or agency that is not under the same
ownership, he or she may do so provided that a criminal history
check is conducted by the new health facility or agency in
accordance with subsection (4). If an individual who is exempt
under this subdivision is subsequently convicted of a crime
described under subsection (1)(a) through (g) or found to be the
subject of a substantiated finding described under subsection
(1)(i) or an order or disposition described under subsection
(1)(h), or is found to have been convicted of a relevant crime
described under subsection (1)(a), then he or she is no longer
exempt and shall be terminated from employment or denied
employment.
(b) An individual who is an independent contractor with a
health facility or agency that is a nursing home, county medical
care facility, hospice, hospital that provides swing bed services,
home for the aged, home services agency, or home health agency if
the services for which he or she is contracted is not directly
related to the provision of services to a patient or resident or if
the services for which he or she is contracted allows for direct
access to the patients or residents but is not performed on an
ongoing basis. This exception includes, but is not limited to, an
individual who independently contracts with the health facility or
agency to provide utility, maintenance, construction, or
communications services.
(3) An individual who applies for employment either as an
employee or as an independent contractor or for clinical privileges
with a health facility or agency that is a nursing home, county
medical care facility, hospice, hospital that provides swing bed
services, home for the aged, home services agency, or home health
agency and has received a good faith offer of employment, an
independent contract, or clinical privileges from the health
facility or agency shall give written consent at the time of
application for the department of state police to conduct an
initial criminal history check under this section, along with
identification acceptable to the department of state police.
(4) Upon receipt of the written consent and identification
required under subsection (3), a health facility or agency that is
a nursing home, county medical care facility, hospice, hospital
that provides swing bed services, home for the aged, home services
agency, or home health agency that has made a good faith offer of
employment or an independent contract or clinical privileges to the
applicant shall make a request to the department of state police to
conduct a criminal history check on the applicant, to input the
applicant's fingerprints into the automated fingerprint
identification system database, and to forward the applicant's
fingerprints to the federal bureau of investigation. The department
of state police shall request the federal bureau of investigation
to make a determination of the existence of any national criminal
history pertaining to the applicant. The applicant shall provide
the department of state police with a set of fingerprints. The
request shall be made in a manner prescribed by the department of
state police. The health facility or agency shall make the written
consent and identification available to the department of state
police. The health facility or agency shall make a request to the
relevant licensing or regulatory department to conduct a check of
all relevant registries established pursuant to federal and state
law and regulations for any substantiated findings of abuse,
neglect, or misappropriation of property. If the department of
state police or the federal bureau of investigation charges a fee
for conducting the initial criminal history check, the charge shall
be paid by or reimbursed by the department with federal funds as
provided to implement a pilot program for national and state
background checks on direct patient access employees of long-term
care facilities or providers in accordance with section 307 of the
medicare prescription drug, improvement, and modernization act of
2003, Public Law 108-173. The health facility or agency shall not
seek reimbursement for a charge imposed by the department of state
police or the federal bureau of investigation from the individual
who is the subject of the initial criminal history check. A health
facility or agency, a prospective employee, or a prospective
independent contractor covered under this section may not be
charged for the cost of an initial criminal history check required
under this section. The department of state police shall conduct a
criminal history check on the applicant named in the request. The
department of state police shall provide the department with a
written report of the criminal history check conducted under this
subsection if the criminal history check contains any criminal
history record information. The report shall contain any criminal
history record information on the applicant maintained by the
department of state police. The department of state police shall
provide the results of the federal bureau of investigation
determination to the department within 30 days after the request is
made. If the requesting health facility or agency is not a state
department or agency and if a criminal conviction is disclosed on
the written report of the criminal history check or the federal
bureau of investigation determination, the department shall notify
the health facility or agency and the applicant in writing of the
type of crime disclosed on the written report of the criminal
history check or the federal bureau of investigation determination
without disclosing the details of the crime. Any charges imposed by
the department of state police or the federal bureau of
investigation for conducting an initial criminal history check or
making a determination under this subsection shall be paid in the
manner required under this subsection. The notice shall include a
statement that the applicant has a right to appeal a decision made
by the health facility or agency regarding his or her employment
eligibility based on the criminal background check. The notice
shall also include information regarding where to file and
describing the appellate procedures established under section
20173b.
(5) If a health facility or agency that is a nursing home,
county medical care facility, hospice, hospital that provides swing
bed services, home for the aged, home services agency, or home
health agency determines it necessary to employ or grant clinical
privileges to an applicant before receiving the results of the
applicant's criminal history check under this section, the health
facility or agency may conditionally employ or grant conditional
clinical privileges to the individual if all of the following
apply:
(a) The health facility or agency requests the criminal
history check under this section upon conditionally employing or
conditionally granting clinical privileges to the individual.
(b) The individual signs a statement in writing that indicates
all of the following:
(i) That he or she has not been convicted of 1 or more of the
crimes that are described in subsection (1)(a) through (g) within
the applicable time period prescribed by each subdivision
respectively.
(ii) That he or she is not the subject of an order or
disposition described in subsection (1)(h).
(iii) That he or she has not been the subject of a substantiated
finding as described in subsection (1)(i).
(iv) The individual agrees that, if the information in the
criminal history check conducted under this section does not
confirm the individual's statements under subparagraphs (i) through
(iii), his or her employment or clinical privileges will be
terminated by the health facility or agency as required under
subsection (1) unless and until the individual appeals and can
prove that the information is incorrect.
(v) That he or she understands the conditions described in
subparagraphs (i) through (iv) that result in the termination of his
or her employment or clinical privileges and that those conditions
are good cause for termination.
(6) The department shall develop and distribute a model form
for the statement required under subsection (5)(b). The department
shall make the model form available to health facilities or
agencies subject to this section upon request at no charge.
(7) If an individual is employed as a conditional employee or
is granted conditional clinical privileges under subsection (5),
and the report described in subsection (4) does not confirm the
individual's statement under subsection (5)(b)(i) through (iii), the
health facility or agency shall terminate the individual's
employment or clinical privileges as required by subsection (1).
(8) An individual who knowingly provides false information
regarding his or her identity, criminal convictions, or
substantiated findings on a statement described in subsection
(5)(b)(i) through (iii) is guilty of a misdemeanor punishable by
imprisonment for not more than 93 days or a fine of not more than
$500.00, or both.
(9) A health facility or agency that is a nursing home, county
medical care facility, hospice, hospital that provides swing bed
services, home for the aged, home services agency, or home health
agency shall use criminal history record information obtained under
subsection (4) only for the purpose of evaluating an applicant's
qualifications for employment, an independent contract, or clinical
privileges in the position for which he or she has applied and for
the purposes of subsections (5) and (7). A health facility or
agency or an employee of the health facility or agency shall not
disclose criminal history record information obtained under
subsection (4) to a person who is not directly involved in
evaluating the applicant's qualifications for employment, an
independent contract, or clinical privileges. An individual who
knowingly uses or disseminates the criminal history record
information obtained under subsection (4) in violation of this
subsection is guilty of a misdemeanor punishable by imprisonment
for not more than 93 days or a fine of not more than $1,000.00, or
both. Upon written request from another health facility or agency,
psychiatric facility or intermediate care facility for people with
mental retardation, or adult foster care facility that is
considering employing, independently contracting with, or granting
clinical privileges to an individual, a health facility or agency
that has obtained criminal history record information under this
section on that individual shall, with the consent of the
applicant, share the information with the requesting health
facility or agency, psychiatric facility or intermediate care
facility for people with mental retardation, or adult foster care
facility. Except for a knowing or intentional release of false
information, a health facility or agency has no liability in
connection with a criminal background check conducted under this
section or the release of criminal history record information under
this subsection.
(10) As a condition of continued employment, each employee,
independent contractor, or individual granted clinical privileges
shall do each of the following:
(a) Agree in writing to report to the health facility or
agency immediately upon being arraigned for 1 or more of the
criminal offenses listed in subsection (1)(a) through (g), upon
being convicted of 1 or more of the criminal offenses listed in
subsection (1)(a) through (g), upon becoming the subject of an
order or disposition described under subsection (1)(h), and upon
being the subject of a substantiated finding of neglect, abuse, or
misappropriation of property as described in subsection (1)(i).
Reporting of an arraignment under this subdivision is not cause for
termination or denial of employment.
(b) If a set of fingerprints is not already on file with the
department of state police, provide the department of state police
with a set of fingerprints.
(11) In addition to sanctions set forth in section 20165, a
licensee, owner, administrator, or operator of a nursing home,
county medical care facility, hospice, hospital that provides swing
bed services, home for the aged, home services agency, or home
health agency who knowingly and willfully fails to conduct the
criminal history checks as required under this section is guilty of
a misdemeanor punishable by imprisonment for not more than 1 year
or a fine of not more than $5,000.00, or both.
(12) In collaboration with the department of state police, the
department of information technology shall establish an automated
fingerprint identification system database that would allow the
department of state police to store and maintain all fingerprints
submitted under this section and would provide for an automatic
notification if and when a subsequent criminal arrest fingerprint
card submitted into the system matches a set of fingerprints
previously submitted in accordance with this section. Upon such
notification, the department of state police shall immediately
notify the department and the department shall immediately contact
the respective health facility or agency with which that individual
is associated. Information in the database established under this
subsection is confidential, is not subject to disclosure under the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and
shall not be disclosed to any person except for purposes of this
act or for law enforcement purposes.
(13)
Within 1 year after the effective date of the amendatory
act
that added this section April
1, 2006, the department shall
submit a written report to the legislature regarding each of the
following:
(a)
The impact and effectiveness of this amendatory act 2006
PA 28.
(b) The feasibility of implementing criminal history checks on
volunteers who work in those health facilities or agencies and on
state agency employees who are involved in the licensing of those
health facilities or agencies and regulation of those employees.
(c) The amount of federal funds provided to implement a pilot
program for national and state background checks on direct access
employees of long-term care facilities or providers, the amount of
those funds expended to date, and the amount of those funds
remaining.
(14)
Within 3 years after the effective date of this section
April 1, 2006, the department shall submit a written report to the
legislature outlining a plan to cover the costs of the criminal
history checks required under this section if federal funding is no
longer available or is inadequate to cover those costs.
(15) By March 1, 2007, the department and the department of
state police shall develop and implement an electronic web-based
system to assist those health facilities and agencies required to
check relevant registries and conduct criminal history checks of
its employees and independent contractors and to provide for an
automated notice to those health facilities or agencies for those
individuals inputted in the system who, since the initial check,
have been convicted of a disqualifying offense or have been the
subject of a substantiated finding of abuse, neglect, or
misappropriation of property.
(16) As used in this section:
(a) "Adult foster care facility" means an adult foster care
facility licensed under the adult foster care facility licensing
act, 1979 PA 218, MCL 400.701 to 400.737.
(b) "Direct access" means access to a patient or resident or
to a patient's or resident's property, financial information,
medical records, treatment information, or any other identifying
information.
(c)
"Home health agency" means a person certified by medicare
whose
business is to provide to individuals in their places of
residence
other than in a hospital, nursing home, or county medical
care
facility 1 or more of the following services: nursing
services,
therapeutic services, social work services, homemaker
services,
home health aide services, or other related services and
"home services agency" mean those terms as defined in section
1104a.
(d) "Independent contract" means a contract entered into by a
health facility or agency with an individual who provides the
contracted services independently or a contract entered into by a
health facility or agency with an organization or agency that
employs or contracts with an individual after complying with the
requirements of this section to provide the contracted services to
the health facility or agency on behalf of the organization or
agency.
(e) "Medicare" means benefits under the federal medicare
program established under title XVIII of the social security act,
42
USC 1395 to 1395ggg 1395hhh.
Sec. 21401. (1) As used in this part:
(a) "Home care" means a level of care provided to a patient
that is consistent with the categories "routine home care day" or
"continuous
home care day" described in 42 C.F.R. CFR 418.302(b)(1)
and (2) and includes home services as that term is defined in
section 1104a.
(b) "Hospice residence" means a facility that meets all of the
following:
(i) Provides 24-hour hospice care to 2 or more patients at a
single location.
(ii) Either provides inpatient care directly in compliance with
this
article and with the standards set forth in 42 C.F.R. CFR
418.100 or provides home care as described in this article.
(iii) Is owned, operated, and governed by a hospice program that
is licensed under this article and provides aggregate days of
patient care on a biennial basis to not less than 51% of its
hospice patients in their own homes. As used in this subparagraph,
"home" does not include a residence established by a patient in a
health facility or agency licensed under this article or a
residence established by a patient in an adult foster care facility
licensed
under the adult foster care facility licensing act, Act
No.
218 of the Public Acts of 1979, being sections 400.701 to
400.737
of the Michigan Compiled Laws 1979
PA 218, MCL 400.701 to
400.737.
(c) "Inpatient care" means a level of care provided to a
patient that is consistent with the categories "inpatient respite
care
day" and "general inpatient care day" described in 42 C.F.R.
CFR 418.302(b)(3) and (4).
(2) Article 1 contains general definitions and principles of
construction
applicable to all articles in this code act and part
201 contains definitions applicable to this part.