Bill Text: MI HB4317 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Health facilities: nursing homes; nursing home advisory commission; create. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 21769.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-02-24 - Bill Electronically Reproduced 02/23/2021 [HB4317 Detail]
Download: Michigan-2021-HB4317-Introduced.html
HOUSE BILL NO. 4317
February 23, 2021, Introduced by Reps. Witwer
and Kahle and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 21769.
the people of the state of michigan enact:
Sec. 21769. (1) The nursing home
advisory commission is created within the department of health and human
services.
(2)
The commission shall consist of the following members, appointed by the governor:
(a)
The director or his or her designee.
(b)
The director of the department of health and human services or his or her
designee.
(c)
At least 3 individuals representing area agencies on aging. All of the
following apply to an individual appointed under this subdivision:
(i) Each individual must represent a different area
agency on aging.
(ii) One individual must be selected from a list of
nominees submitted by the speaker of the house of representatives.
(iii) One individual must be selected from a list of
nominees submitted by the senate majority leader.
(d)
Five nursing home administrators licensed under article 15. Both of the
following apply to an individual appointed under this subdivision:
(i) One individual must be selected from a list of
nominees submitted by the speaker of the house of representatives.
(ii) One individual must be selected from a list of
nominees submitted by the senate majority leader.
(e)
The chief medical executive in the office of chief medical executive created
within the department of health and human services or his or her designee.
(f)
An epidemiologist who is not employed by or under contract with this state.
(g)
The state long-term care ombudsman or his or her designee.
(h)
Two individuals selected from a list of nominees submitted by the speaker of
the house of representatives. One individual appointed under this subdivision
must represent the majority party in this state and 1 must represent the
minority party in this state.
(i)
Two individuals selected from a list of nominees submitted by the senate
majority leader. One individual appointed under this subdivision must represent
the majority party in this state and 1 must represent the minority party in
this state.
(3)
If a vacancy occurs on the commission, the governor shall make an appointment
for the unexpired term in the same manner as the original appointment.
(4)
The governor may remove a member of the commission for incompetence,
dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any
other good cause.
(5)
The director of the department of health and human services shall call the first
meeting of the commission, which must occur on or before June 1, 2021. At the
first meeting, the commission shall elect from among its members a chairperson
and other officers as it considers necessary or appropriate. After the first
meeting, the commission shall meet at least 4 times, or more frequently at the
call of the chairperson or if requested by a majority of the members.
(6)
A majority of the members of the commission constitute a quorum for the
transaction of business at a meeting of the commission. A majority of the
members present and serving are required for official action of the commission.
(7)
The business that the commission may perform shall be conducted at a public
meeting of the commission held in compliance with the open meetings act, 1976
PA 267, MCL 15.261 to 15.275.
(8)
A writing prepared, owned, used, in the possession of, or retained by the commission
in the performance of an official function is subject to the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(9)
Members of the commission shall serve without compensation, but shall be
entitled to expenses incurred in performance of official duties in accordance
with section 1216.
(10)
By September 1, 2021, the commission shall prepare and submit a report to the
governor and the house of representatives and senate standing committees on
health policy that makes recommendations on all of the following:
(a)
Indoor and outdoor visitation policies at nursing homes.
(b)
Resident access to mental and physical health services.
(c)
Methods to provide greater technological support to increase communication
between residents and their families.
(11)
For purposes of developing recommendations under this section, the commission
may review best practices from other states and consult with interested persons.
(12)
After the report is submitted as described in subsection (10), the commission
is abolished.
(13)
As used in this section:
(a)
"Area agency on aging" means that term as defined in section 2 of the
older Michiganians act, 1981 PA 180, MCL 400.582.
(b) "Commission" means the nursing home advisory commission created under subsection (1).
