Bill Text: MI HB5472 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Health facilities; licensing; sanctions for violating the prohibition of overtime in health care act; establish. Amends sec. 20165 of 1978 PA 368 (MCL 333.20165). TIE BAR WITH: HB 5471'19
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2020-02-11 - Bill Electronically Reproduced 02/06/2020 [HB5472 Detail]
Download: Michigan-2019-HB5472-Introduced.html
HOUSE BILL NO. 5472
February 06, 2020, Introduced by Reps.
Cambensy, Anthony, Hope, Brenda Carter, Kennedy, Cherry, Sneller, Sabo,
Kuppa, Cynthia Johnson, Garrett, Rabhi and Jones and referred to the
Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 20165 (MCL 333.20165), as amended by 2008 PA 39.
the people of the state of michigan enact:
Sec. 20165. (1) Except as otherwise provided in this
section, after notice of intent to an applicant or licensee to deny, limit,
suspend, or revoke the applicant's or licensee's license or certification and
an opportunity for a hearing, the department may deny, limit, suspend, or
revoke the license or certification or impose an administrative fine on a
licensee if 1 or more of the following exist:
(a) Fraud or deceit in
obtaining or attempting to obtain a license or certification or in the
operation of the licensed health facility or agency.
(b) A violation of this
article or a rule promulgated under this article.
(c) False or misleading
advertising.
(d) Negligence or failure
to exercise due care, including negligent supervision of employees and
subordinates.
(e) Permitting a license
or certificate to be used by an unauthorized health facility or agency.
(f) Evidence of abuse
regarding a patient's health, welfare, or safety or the denial of a patient's
rights.
(g) Failure to comply
with section 10115.
(h) Failure to comply
with part 222 or a term, condition, or stipulation of a certificate of need
issued under part 222, or both.
(i) A violation of
section 20197(1).
(j)
A violation of the prohibition of overtime in health care act.
(2) The department may
deny an application for a license or certification based on a finding of a
condition or practice that would constitute a violation of this article if the
applicant were a licensee.
(3) Denial, suspension,
or revocation of an individual emergency medical services personnel license
under part 209 is governed by section 20958.
(4) If the department
determines under subsection (1) that a health facility or agency has violated
section 20197(1), the department shall impose an administrative fine of
$5,000,000.00 on the health facility or agency.
(5) If the department determines under subsection (1) that a licensee has violated the prohibition of overtime in health care act, the department shall impose an administrative fine of not less than $100.00 and not more than $1,000.00 on the licensee for each violation and may impose any of the sanctions described in subsection (1). In determining the amount of the administrative fine under this subsection, the department shall consider whether the violation by the licensee is a second or subsequent violation of the prohibition of overtime in health care act.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5471 (request no. 04277'19) of the 100th Legislature is enacted into law.
