February 3, 2010, Introduced by Senators OLSHOVE, CHERRY, JACOBS, NOFS, BASHAM, PRUSI, HUNTER, JANSEN, GLEASON, WHITMER, ANDERSON, BRATER, BIRKHOLZ, BARCIA and ALLEN and referred to the Committee on Families and Human Services.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 20102, 20104, and 21313 (MCL 333.20102,
333.20104, and 333.21313), section 20102 as amended by 1990 PA 179.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20102. (1) "Advisory commission" means the health
facilities and agencies advisory commission created in section
20121.
(2) "Aircraft transport operation" means that term as defined
in section 20902.
(3) "Ambulance operation" means that term as defined in
section 20902.
(4) "Attending physician" means the physician selected by, or
assigned to, the patient and who has primary responsibility for the
treatment and care of the patient.
(5) "Authorized representative" means the individual
designated in writing by the board of directors of the corporation
or by the owner or person with legal authority to act on behalf of
the company or organization on licensing matters. The license
application and amendments to the application must be signed by the
owner in the case of an individual or by a member of the
corporation, company, or organization.
Sec. 20104. (1) "Certification" means the issuance of a
document by the department to a health facility or agency attesting
to the fact that the facility or agency meets both of the
following:
(a) It complies with applicable statutory and regulatory
requirements and standards.
(b) It is eligible to participate as a provider of care and
services in a specific federal or state health program.
(2) "Clinical laboratory" means a facility patronized by, or
at the direction of, a physician, health officer, or other person
authorized by law to obtain information for the diagnosis,
prevention, or treatment of disease or the assessment of a medical
condition by the microbiological, serological, histological,
hematological, immunohematological, biophysical, cytological,
pathological, or biochemical examination of materials derived from
the human body, except as provided in section 20507.
(3) "Consumer" means a person who is not a provider of health
care as defined in section 1531(3) of title 15 of the public health
service
act, 42 U.S.C. USC 300n.
(4) "County medical care facility" means a nursing care
facility, other than a hospital long-term care unit, which provides
organized nursing care and medical treatment to 7 or more unrelated
individuals who are suffering or recovering from illness, injury,
or infirmity and which is owned by a county or counties.
(5) "Freestanding surgical outpatient facility" means a
facility, other than the office of a physician, dentist,
podiatrist, or other private practice office, offering a surgical
procedure and related care that in the opinion of the attending
physician can be safely performed without requiring overnight
inpatient hospital care. It does not include a surgical outpatient
facility owned by and operated as part of a hospital.
(6) "Good moral character" means that term as defined in
section 1 of 1974 PA 381, MCL 338.41.
Sec. 21313. (1) The owner, operator, and governing body of a
home for the aged are responsible for all phases of the operation
of the home and shall assure that the home maintains an organized
program to provide room and board, protection, supervision,
assistance, and supervised personal care for its residents.
(2) The owner, operator, and governing body shall assure the
availability of emergency medical care required by a resident.
(3) A person or partner in a partnership that is the owner or
operator of a home for the aged and the authorized representative
shall be of good moral character.
(4) A person or partner in a partnership that is the applicant
for a license for a home for the aged shall give written consent at
the time of license application, and an authorized representative
shall give written consent at the time of appointment, for the
department of state police to conduct a criminal history check and
criminal records check. Not later than 1 year after the effective
date of the amendatory act that added this subsection, all owners,
operators, and authorized representatives of homes for the aged
shall comply with the requirements of this section.
(5) The department of human services shall request a criminal
history check and criminal records check in the manner prescribed
by the department of state police. The department of state police
shall conduct the criminal history check and provide a report of
the results to the licensing or regulatory bureau of the department
of human services. The report shall contain any criminal history
information on the person maintained by the department of state
police and the results of the criminal records check from the
federal bureau of investigation. The department of state police may
charge the applicant, licensee, or authorized representative a fee
for the criminal history check and the criminal records check
required under this section that does not exceed the actual cost
and reasonable cost of conducting the checks.
(6) The department of state police shall store and maintain
all fingerprints submitted under this act in an automated
fingerprint identification system database that provides for an
automatic notification at the time a subsequent criminal arrest
fingerprint card submitted into the system matches a set of
fingerprints previously submitted in accordance with this act. At
the time of that notification, the department of state police shall
immediately notify the department of human services. The department
of human services shall take the appropriate action upon
notification by the department of state police under this
subsection.
(7) An owner, operator, member of a governing body, or
authorized representative of a home for the aged shall not be
present in a home for the aged if he or she has been convicted of
either of the following:
(a) Vulnerable adult abuse, neglect, or financial
exploitation.
(b) A listed offense as defined in section 2 of the sex
offenders registration act, 1994 PA 295, MCL 28.722.