May 6, 2010, Introduced by Reps. Barnett, Liss, Polidori, Neumann, Ball, Slavens, Bauer, Spade, Womack, Constan, Robert Jones, Valentine and Dean and referred to the Committee on Senior Health, Security, and Retirement.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 21755 (MCL 333.21755).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 21755. The department may refuse to issue a license to
establish or maintain and operate, or both, a nursing home to an
applicant or licensee or to an applicant or licensee that discloses
a person with an ownership interest in the nursing home under
section 20142, if any of the following apply:
(a)
Whose The occupational, professional, or health facility
or agency license of the applicant, licensee, or person with an
ownership interest has been revoked during the 5 years preceding
the date of application.
(b)
Whom the The department finds is the applicant, licensee,
or person with an ownership interest not suitable to operate a
nursing home because of financial incapacity or a lack of good
moral character or appropriate business or professional experience.
As used in this subdivision, "good moral character" means that term
as
defined in Act No. 381 of the Public Acts of 1974, as amended,
being
sections 338.41 to 338.47 of the Michigan Compiled Laws
section 1 of 1974 PA 381, MCL 338.41.
(c) The applicant, licensee, or person with an ownership
interest has filed bankruptcy or been determined bankrupt during
the 5 years preceding the date of application.
(d) A health facility or agency or other entity established,
maintained, or operated by the applicant, licensee, or person with
an ownership interest was involuntarily closed or was terminated
from participation under title XVIII or title XIX.
(e) A health facility or agency or other entity established,
maintained, or operated by the applicant, licensee, or person with
an ownership interest is excluded from participation as a Medicare
or Medicaid provider.
(f) The applicant, licensee, or person with an ownership
interest is disqualified from being employed by, under independent
contract with, or granted clinical privileges by a health facility
or agency under section 20173a.
(g) The applicant, licensee, or person with an ownership
interest is a principal of a nursing home that has been placed in
receivership during the 5 years preceding the date of application.
(h) The applicant, licensee, or person with an ownership
interest is a principal of a nursing home that has had a license
denied, suspended, or revoked during the 5 years preceding the date
of application.
(i) The applicant, licensee, or person with an ownership
interest has been the subject of an order enjoining an act or
practice under or an order directing compliance with any of the
following:
(i) Federal conditions of participation as a Medicare or
Medicaid provider.
(ii) This act or rules promulgated under this act to establish,
maintain, or operate a nursing home.
(j) The applicant, licensee, or person with an ownership
interest has been adjudged to be administratively, civilly, or
criminally liable for professional negligence, wrongful death, or
for violating an individual's civil rights under any state or
federal law.
(k) The applicant, licensee, or person with an ownership
interest has an unpaid debt to this state, except any debt subject
to a formal adjudication process.
(l) The applicant, licensee, or person with an ownership
interest has an unpaid debt to the federal government for a civil
monetary penalty, except any civil monetary penalty subject to a
formal adjudication process.
(m) The applicant, licensee, or person with an ownership
interest has an unpaid debt or assessment levied by the internal
revenue service during the 5 years preceding the date of
application.
(n) The applicant, licensee, or person with an ownership
interest has an unpaid determination for the payment of wages and
benefits under 1978 PA 390, MCL 408.471 to 408.490, except for a
determination that is under review as prescribed in section 11 of
1978 PA 390, MCL 408.481.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6142(request no.
02819'09) of the 95th Legislature is enacted into law.