Bill Text: MI HB6076 | 2011-2012 | 96th Legislature | Introduced


Bill Title: Health facilities; licensing; change of ownership interest in nursing home or home for the aged; prohibit transfer of license, require application for new license, and require certain reporting. TIE BAR WITH: HB 6075'12

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-12-05 - Printed Bill Filed 12/05/2012 [HB6076 Detail]

Download: Michigan-2011-HB6076-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6076

 

December 4, 2012, Introduced by Reps. Brunner and Switalski and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 21766 and 21781 (MCL 333.21766 and 333.21781),

 

section 21766 as amended by 2001 PA 243.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 21766. (1) A nursing home shall execute a written

 

contract solely with an applicant or patient or that applicant's or

 

patient's guardian or legal representative authorized by law to

 

have access to those portions of the patient's or applicant's

 

income or assets available to pay for nursing home care, at each of

 

the following times:

 

     (a) At the time an individual is admitted to a nursing home.

 

     (b) At the expiration of the term of a previous contract.

 

     (c) At the time the source of payment for the patient's care

 

changes.

 

     (2) A nursing home shall not discharge or transfer a patient


 

at the expiration of the term of a contract, except as provided in

 

section 21773.

 

     (3) A nursing home shall specifically notify in writing an

 

applicant or patient or that applicant's or patient's guardian or

 

legal representative of the availability or lack of availability of

 

hospice care in the nursing home. This written notice shall be by

 

way of a specific paragraph located in the written contract

 

described in subsection (1) and shall require the applicant or

 

patient or that applicant's or patient's guardian or legal

 

representative to sign or initial the paragraph before execution of

 

the written contract. As used in this subsection, "hospice" means

 

that term as defined in section 20106(4).

 

     (4) A nursing home shall provide a copy of the contract to the

 

patient, the patient's representative, or the patient's legal

 

representative or legal guardian at the time the contract is

 

executed.

 

     (5) For a patient supported by funds other than the patient's

 

own funds, a nursing home shall make a copy of the contract

 

available to the person providing the funds for the patient's

 

support.

 

     (6) For a patient whose care is reimbursed with public funds

 

administered by the department of community health, a nursing home

 

shall maintain a copy of the contract in the patient's file at the

 

nursing home and upon request shall make a copy of the contract

 

available to the department of community health.

 

     (7) The nursing home shall ensure that the contract is written

 

in clear and unambiguous language and is printed in not less than


 

12-point type. The form of the contract shall be prescribed by the

 

department.

 

     (8) The contract shall specify all of the following:

 

     (a) The term of the contract.

 

     (b) The services to be provided under the contract, including

 

the availability of hospice or other special care, and the charges

 

for the services.

 

     (c) The services that may be provided to supplement the

 

contract and the charges for the services.

 

     (d) The sources liable for payments due under the contract.

 

     (e) The amount of deposit paid and the general and foreseeable

 

terms upon which the deposit will be held and refunded.

 

     (f) The rights, duties, and obligations of the patient, except

 

that the specification of a patient's rights may be furnished on a

 

separate document that complies with the requirements of section

 

20201.

 

     (9) The nursing home may require a patient's or applicant's

 

guardian or legal representative who is authorized by law to have

 

access to those portions of the patient's or applicant's income or

 

assets available to pay for nursing home care to sign a contract

 

without incurring personal financial liability other than for funds

 

received in his or her legal capacity on behalf of the patient.

 

     (10) A nursing home employee may request the appointment of a

 

guardian for an individual applicant or patient only if the nursing

 

home employee reasonably believes that the individual meets the

 

legal requirements for the appointment of a guardian.

 

     (11) At the time a nursing home reports a proposed sale of or


 

change in an ownership or control interest to the department under

 

section 20142, the nursing home shall specifically notify in

 

writing all patients and each patient's guardian or legal

 

representative of the proposed sale of or change in an ownership or

 

control interest. At the time the nursing home provides a copy of a

 

patient contract under subsection (4), the nursing home shall also

 

specifically notify in writing the patient or the patient's legal

 

representative or legal guardian of a proposed sale of or change in

 

an ownership or control interest, if any. If a nursing home that

 

reports a proposed sale of or change in an ownership or control

 

interest under section 20142 receives notice of noncompliance under

 

that section and the department does not have an approved plan of

 

correction for that nursing home, the nursing home shall also

 

include in the notice to all patients and to each patient's

 

guardian or legal representative under this subsection that a

 

license may not be issued to the new persons with an ownership or

 

control interest until the items of noncompliance have been

 

corrected.

 

     Sec. 21781. A licensee shall conspicuously post in an area of

 

its offices accessible to patients, employees, and visitors:

 

     (a) A current license.

 

     (b) A complete copy of the most recent inspection report of

 

the nursing home received from the department.

 

     (c) A description, provided by the department, of complaint

 

procedures established under this act and the name, address, and

 

telephone number of a person authorized by the department to

 

receive complaints.


 

     (d) A copy of a notice of a pending hearing or order

 

pertaining to the nursing home issued by the department or a court

 

under the authority of this article or rules promulgated under this

 

article.

 

     (e) A complete list of materials available for public

 

inspection as required by section 21782.

 

     (f) The names and contact information for persons with an

 

ownership or control interest in the nursing home, which persons

 

were disclosed to the department under section 20142.

 

     (g) The names and contact information for the nursing home

 

administrator, the nursing director, and all other individuals who

 

exercise operational or managerial control and have decision-making

 

authorization over the nursing home.

 

     (h) On or before the expiration of 10 days after a proposed

 

sale of or change in ownership or control is reported to the

 

department under section 20142, a copy of the report of that

 

proposed change.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No._____ or House Bill No. 6075(request no.

 

06485'12) of the 96th Legislature is enacted into law.

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