Bill Text: MI HB5616 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Senior citizens; housing; senior assisted living facilities; require licensure. Amends secs. 20102 & 20106 of 1978 PA 368 (MCL 333.20102 & 333.20106) & adds pt. 212.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2016-05-03 - Bill Electronically Reproduced 04/28/2016 [HB5616 Detail]

Download: Michigan-2015-HB5616-Introduced.html

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HOUSE BILL No. 5616

April 28, 2016, Introduced by Reps. Darany, Pagan, Lane, Sarah Roberts, Yanez, Hovey-Wright and LaVoy and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 20102 and 20106 (MCL 333.20102 and 333.20106),

 

section 20102 as amended by 2010 PA 381 and section 20106 as

 

amended by 2015 PA 104, and by adding part 212.

 

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) "Assisted living facility" means a housing facility for

 

older adults or people with disabilities that may provide

 

supervision or assistance with activities of daily living,

 

coordination of services by outside health care providers, and

 

monitoring of resident activities to help to ensure their health,

 

safety, and well-being.

 

     (5) (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.

 

     (6) (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 authorized

 

representative who is not an owner or licensee shall not sign the

 

original license application or amendments to the application.

 

     Sec. 20106. (1) "Health facility or agency", except as

 

provided in section 20115, means:

 

     (a) An ambulance operation, aircraft transport operation,

 

nontransport prehospital life support operation, or medical first

 

response service.

 

     (b) A county medical care facility.

 

     (c) A freestanding surgical outpatient facility.

 

     (d) A health maintenance organization.

 

     (e) A home for the aged.

 

     (f) A hospital.

 

     (g) A nursing home.

 

     (h) An assisted living facility.

 

     (i) (h) A hospice.

 

     (j) (i) A hospice residence.

 

     (k) (j) A facility or agency listed in subdivisions (a) to (g)

 

located in a university, college, or other educational institution.

 

     (2) "Health maintenance organization" means that term as

 

defined in section 3501 of the insurance code of 1956, 1956 PA 218,

 

MCL 500.3501.

 

     (3) "Home for the aged" means a supervised personal care

 

facility, other than a hotel, adult foster care facility, hospital,

 

nursing home, or county medical care facility that provides room,

 

board, and supervised personal care to 21 or more unrelated,

 

nontransient, individuals 60 years of age or older. Home for the

 

aged includes a supervised personal care facility for 20 or fewer

 

individuals 60 years of age or older if the facility is operated in

 

conjunction with and as a distinct part of a licensed nursing home.

 

Home for the aged does not include an area excluded from this

 

definition by section 17(3) of the continuing care community

 

disclosure act, 2014 PA 448, MCL 554.917.

 

     (4) "Hospice" means a health care program that provides a

 

coordinated set of services rendered at home or in outpatient or

 

institutional settings for individuals suffering from a disease or

 

condition with a terminal prognosis.

 

     (5) "Hospital" means a facility offering inpatient, overnight

 

care, and services for observation, diagnosis, and active treatment

 

of an individual with a medical, surgical, obstetric, chronic, or

 

rehabilitative condition requiring the daily direction or

 

supervision of a physician. Hospital does not include a mental

 

health hospital licensed or operated by the department of community

 

health and human services or a hospital operated by the department

 

of corrections.

 

     (6) "Hospital long-term care unit" means a nursing care

 

facility, owned and operated by and as part of a hospital,

 

providing organized nursing care and medical treatment to 7 or more

 

unrelated individuals suffering or recovering from illness, injury,

 

or infirmity.

 

PART 212. ASSISTED LIVING FACILITIES

 

     Sec. 21201. Article 1 contains general definitions and

 

principles of construction applicable to all articles in this code

 

and part 201 contains definitions applicable to this part.

 

     Sec. 21203. (1) An assisted living facility shall be licensed

 

under this article.

 

     (2) "Assisted living facility" or similar term or abbreviation

 

shall not be used to describe or refer to a health facility or

 

agency unless it is licensed by the department of licensing and

 

regulatory affairs under this article.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.