Bill Text: MI SB0067 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Mental health; other; criminal history check; modify. Amends sec. 134a of 1974 PA 258 (MCL 330.1134a).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-01-26 - Referred To Committee On Health Policy [SB0067 Detail]
Download: Michigan-2017-SB0067-Introduced.html
SENATE BILL No. 67
January 26, 2017, Introduced by Senators HOPGOOD, GREGORY, NOFS, BIEDA, HERTEL, JONES and O'BRIEN and referred to the Committee on Health Policy.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending section 134a (MCL 330.1134a), as amended by 2014 PA 72.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 134a. (1) Except as otherwise provided in subsection (2),
a psychiatric facility or other facility defined in 42 USC 1396d(d)
shall not employ, independently contract with, or grant clinical
privileges to an individual who regularly has direct access to or
provides direct services to patients or residents in the
psychiatric facility or other facility defined in 42 USC 1396d(d)
if the individual satisfies 1 or more of the following:
(a) Has been convicted of a relevant crime described under 42
USC 1320a-7(a).
(b) Has been convicted of any of the following felonies, an
attempt or conspiracy to commit any of those felonies, or any other
state or federal crime that is similar to the felonies described in
this subdivision, other than a felony for a relevant crime
described under 42 USC 1320a-7(a), unless 15 years have lapsed
since the individual completed all of the terms and conditions of
his or her sentencing, parole, and probation for that conviction
prior
to before the date of application for employment or clinical
privileges or the date of the execution of the independent
contract:
(i) A felony that involves the intent to cause death or
serious impairment of a body function, that results in death or
serious impairment of a body function, that involves the use of
force or violence, or that involves the threat of the use of force
or violence.
(ii) A felony involving cruelty or torture.
(iii) A felony under chapter XXA of the Michigan penal code,
1931 PA 328, MCL 750.145m to 750.145r.
(iv) A felony involving criminal sexual conduct.
(v) A felony involving abuse or neglect.
(vi) A felony involving the use of a firearm or dangerous
weapon.
(vii) A felony involving the diversion or adulteration of a
prescription drug or other medications.
(c) Has been convicted of a felony or an attempt or conspiracy
to commit a felony, other than a felony for a relevant crime
described under 42 USC 1320a-7(a) or a felony described under
subdivision (b), unless 10 years have lapsed since the individual
completed all of the terms and conditions of his or her sentencing,
parole,
and probation for that conviction prior to before the
date
of application for employment or clinical privileges or the date of
the execution of the independent contract.
(d) Has been convicted of any of the following misdemeanors,
other than a misdemeanor for a relevant crime described under 42
USC 1320a-7(a), or a state or federal crime that is substantially
similar to the misdemeanors described in this subdivision, within
the 10 years immediately preceding the date of application for
employment or clinical privileges or the date of the execution of
the independent contract:
(i) A misdemeanor involving the use of a firearm or dangerous
weapon with the intent to injure, the use of a firearm or dangerous
weapon that results in a personal injury, or a misdemeanor
involving the use of force or violence or the threat of the use of
force or violence.
(ii) A misdemeanor under chapter XXA of the Michigan penal
code, 1931 PA 328, MCL 750.145m to 750.145r.
(iii) A misdemeanor involving criminal sexual conduct.
(iv) A misdemeanor involving cruelty or torture unless
otherwise provided under subdivision (e).
(v) A misdemeanor involving abuse or neglect.
(e) Has been convicted of any of the following misdemeanors,
other than a misdemeanor for a relevant crime described under 42
USC 1320a-7(a), or a state or federal crime that is substantially
similar to the misdemeanors described in this subdivision, within
the 5 years immediately preceding the date of application for
employment or clinical privileges or the date of the execution of
the independent contract:
(i) A misdemeanor involving cruelty if committed by an
individual who is less than 16 years of age.
(ii) A misdemeanor involving home invasion.
(iii) A misdemeanor involving embezzlement.
(iv) A misdemeanor involving negligent homicide or a violation
of
section 601d(1) of the Michigan vehicle code, 1940 1949 PA
300,
MCL 257.601d.
(v) A misdemeanor involving larceny unless otherwise provided
under subdivision (g).
(vi) A misdemeanor of retail fraud in the second degree unless
otherwise provided under subdivision (g).
(vii) Any other misdemeanor involving assault, fraud, theft,
or the possession or delivery of a controlled substance unless
otherwise provided under subdivision (d), (f), or (g).
(f) Has been convicted of any of the following misdemeanors,
other than a misdemeanor for a relevant crime described under 42
USC 1320a-7(a), or a state or federal crime that is substantially
similar to the misdemeanors described in this subdivision, within
the 3 years immediately preceding the date of application for
employment or clinical privileges or the date of the execution of
the independent contract:
(i) A misdemeanor for assault if there was no use of a firearm
or dangerous weapon and no intent to commit murder or inflict great
bodily injury.
(ii) A misdemeanor of retail fraud in the third degree unless
otherwise provided under subdivision (g).
(iii) A misdemeanor under part 74 of the public health code,
1978 PA 368, MCL 333.7401 to 333.7461, unless otherwise provided
under subdivision (g).
(g) Has been convicted of any of the following misdemeanors,
other than a misdemeanor for a relevant crime described under 42
USC 1320a-7(a), or a state or federal crime that is substantially
similar to the misdemeanors described in this subdivision, within
the year immediately preceding the date of application for
employment or clinical privileges or the date of the execution of
the independent contract:
(i) A misdemeanor under part 74 of the public health code,
1978 PA 368, MCL 333.7401 to 333.7461, if the individual, at the
time of conviction, is under the age of 18.
(ii) A misdemeanor for larceny or retail fraud in the second
or third degree if the individual, at the time of conviction, is
under the age of 16.
(h) Is the subject of an order or disposition under section
16b of chapter IX of the code of criminal procedure, 1927 PA 175,
MCL 769.16b.
(i) Engages in conduct that becomes the subject of a
substantiated finding of neglect, abuse, or misappropriation of
property
by a state or federal agency according to under an
investigation conducted in accordance with 42 USC 1395i-3 or 1396r.
(2)
Except as otherwise provided in this subsection, or
subsection
(5), a psychiatric facility or
other facility defined in
42 USC 1396d(d) shall not employ, independently contract with, or
grant privileges to an individual who regularly has direct access
to or provides direct services to patients or residents in the
psychiatric facility or other facility defined in 42 USC 1396d(d)
until the psychiatric facility or other facility defined in 42 USC
1396d(d) or staffing agency has conducted a criminal history check
in compliance with this section or received criminal history record
information
in compliance with subsection (3) or (10). subsections
(3) and (6). This subsection and subsection (1) do not apply to any
of the following:
(a) An individual who is employed by, under independent
contract to, or granted clinical privileges in a psychiatric
facility or other facility defined in 42 USC 1396d(d) before April
1, 2006. On or before April 1, 2011, an individual who is exempt
under this subdivision and who has not been the subject of a
criminal history check conducted in compliance with this section
shall provide the department of state police with a set of
fingerprints and the department of state police shall input those
fingerprints into the automated fingerprint identification system
database
established under subsection (13). (9). An individual who
is exempt under this subdivision is not limited to working within
the psychiatric facility or other facility defined in 42 USC
1396d(d) with which he or she is employed by, under independent
contract to, or granted clinical privileges on April 1, 2006 but
may transfer to another psychiatric facility or other facility
defined in 42 USC 1396d(d), covered health facility, or adult
foster care facility. If an individual who is exempt under this
subdivision is subsequently convicted of a crime described under
subsection
(1)(a) through to (g) or found to be the subject of a
substantiated finding described under subsection (1)(i) or an order
or disposition described under subsection (1)(h), or is found to
have been convicted of a relevant crime described under subsection
(1)(a), then he or she is no longer exempt and shall be terminated
from employment or denied employment or clinical privileges.
(b) An individual who is under an independent contract with a
psychiatric facility or other facility defined in 42 USC 1396d(d)
if he or she is not under the facility's control and the services
for which he or she is contracted is not directly related to the
provision of services to a patient or resident or if the services
for which he or she is contracted allows for direct access to the
patients or residents but is not performed on an ongoing basis.
This exception includes, but is not limited to, an individual who
is under an independent contract with the psychiatric facility or
other facility defined in 42 USC 1396d(d) to provide utility,
maintenance, construction, or communications services.
(3) An individual who applies for employment either as an
employee or as an independent contractor or for clinical privileges
with a psychiatric facility or other facility defined in 42 USC
1396d(d) or a staffing agency and who has not been the subject of a
criminal history check conducted in compliance with this section
shall give written consent at the time of application for the
department of state police to conduct a criminal history check
under this section, along with identification acceptable to the
department of state police. If the applicant has been the subject
of a criminal history check conducted in compliance with this
section, the applicant shall give written consent at the time of
application for the psychiatric facility or other facility defined
in 42 USC 1396d(d) or staffing agency to obtain the criminal
history record information as prescribed in subsection (4) from the
relevant
licensing or regulatory department of licensing and
regulatory affairs and for the department of state police to
conduct a criminal history check under this section if the
requirements
of subsection (10) (6) are not met and a request to
the
federal bureau of investigation Federal
Bureau of Investigation
to make a determination of the existence of any national criminal
history pertaining to the applicant is necessary, along with
identification acceptable to the department of state police. Upon
receipt of the written consent to obtain the criminal history
record information and identification required under this
subsection, the psychiatric facility or other facility defined in
42 USC 1396d(d) or staffing agency that has made a good-faith offer
of employment or an independent contract or clinical privileges to
the applicant shall request the criminal history record information
from
the relevant licensing or regulatory department of licensing
and regulatory affairs and shall make a request regarding that
applicant
to the relevant licensing or regulatory department of
licensing and regulatory affairs to conduct a check of all relevant
registries in the manner required in subsection (4). If the
requirements
of subsection (10) (6) are not met and a request to
the
federal bureau of investigation Federal
Bureau of Investigation
to make a subsequent determination of the existence of any national
criminal history pertaining to the applicant is necessary, the
psychiatric facility or other facility defined in 42 USC 1396d(d)
or staffing agency shall proceed in the manner required in
subsection (4). A staffing agency that employs an applicant who
regularly has direct access to or provides direct services to
patients or residents under an independent contract with a
psychiatric facility or other facility defined in 42 USC 1396d(d)
shall submit information regarding the criminal history check
conducted by the staffing agency to the psychiatric facility or
other facility defined in 42 USC 1396d(d) that has made a good-
faith offer of independent contract to that applicant.
(4) Upon receipt of the written consent to conduct a criminal
history check and identification required under subsection (3), a
psychiatric facility or other facility defined in 42 USC 1396d(d)
or staffing agency that has made a good-faith offer of employment
or an independent contract or clinical privileges to the applicant
shall make a request to the department of state police to conduct a
criminal history check on the applicant, to input the applicant's
fingerprints into the automated fingerprint identification system
database, and to forward the applicant's fingerprints to the
federal
bureau of investigation. Federal
Bureau of Investigation.
The
department of state police shall request the federal bureau of
investigation
Federal Bureau of
Investigation to make a
determination of the existence of any national criminal history
pertaining to the applicant. The applicant shall provide the
department of state police with a set of fingerprints. The request
shall be made in a manner prescribed by the department of state
police. The psychiatric facility or other facility defined in 42
USC 1396d(d) or staffing agency shall make the written consent and
identification available to the department of state police. The
psychiatric facility or other facility defined in 42 USC 1396d(d)
or staffing agency shall make a request regarding that applicant to
the
relevant licensing or regulatory department of licensing and
regulatory affairs to conduct a check of all relevant registries
established under federal and state law and regulations for any
substantiated findings of abuse, neglect, or misappropriation of
property.
If the department of state police or the federal bureau
of
investigation Federal Bureau
of Investigation charges a fee for
conducting the criminal history check, the psychiatric facility or
other facility defined in 42 USC 1396d(d) or staffing agency shall
pay the cost of the charge. The psychiatric facility or other
facility defined in 42 USC 1396d(d) or staffing agency shall not
seek reimbursement for a charge imposed by the department of state
police
or the federal bureau of investigation Federal Bureau of
Investigation from the individual who is the subject of the
criminal history check. A prospective employee or a prospective
independent contractor covered under this section may not be
charged for the cost of a criminal history check required under
this section. The department of state police shall conduct a
criminal history check on the applicant named in the request. The
department of state police shall provide the department of
licensing and regulatory affairs with a written report of the
criminal history check conducted under this subsection. The report
shall contain any criminal history record information on the
applicant maintained by the department of state police. The
department
of state police shall provide the results of the federal
bureau
of investigation Federal
Bureau of Investigation
determination to the department of licensing and regulatory affairs
within 30 days after the request is made. If the requesting
psychiatric facility or other facility defined in 42 USC 1396d(d)
or staffing agency is not a state department or agency and if
criminal history record information is disclosed on the written
report
of the criminal history check or the federal bureau of
investigation
Federal Bureau of
Investigation determination that
resulted in a conviction, the department of licensing and
regulatory affairs shall notify the psychiatric facility or other
facility defined in 42 USC 1396d(d) or staffing agency and the
applicant in writing of the type of crime disclosed on the written
report
of the criminal history check or the federal bureau of
investigation
Federal Bureau of
Investigation determination without
disclosing the details of the crime. Any charges imposed by the
department
of state police or the federal bureau of investigation
Federal Bureau of Investigation for conducting a criminal history
check or making a determination under this subsection shall be paid
in the manner required under this subsection. The notice shall
include a statement that the applicant has a right to appeal the
information relied upon by the psychiatric facility or other
facility defined in 42 USC 1396d(d) or staffing agency regarding
his or her employment eligibility based on the criminal history
check. The notice shall also include information regarding where to
file and describing the appellate procedures established under
section 20173b of the public health code, 1978 PA 368, MCL
333.20173b.
(5)
If a psychiatric facility or other facility defined in 42
USC
1396d(d) determines it necessary to employ or grant clinical
privileges
to an applicant before receiving the results of the
applicant's
criminal history check or criminal history record
information
under this section, the psychiatric facility or other
facility
defined in 42 USC 1396d(d) may conditionally employ or
grant
conditional clinical privileges to the individual if all of
the
following apply:
(a)
The psychiatric facility or other facility defined in 42
USC
1396d(d) requests the criminal history check or criminal
history
record information under this section upon conditionally
employing
or conditionally granting clinical privileges to the
individual.
(b)
The individual signs a statement in writing that indicates
all
of the following:
(i) That he or she has not been convicted of 1 or more
of the
crimes
that are described in subsection (1)(a) through (g) within
the
applicable time period prescribed by each subdivision
respectively.
(ii) That he or she is not the subject of an order or
disposition
described in subsection (1)(h).
(iii) That he or she has not been the subject of a
substantiated
finding as described in subsection (1)(i).
(iv) The individual agrees that, if the information in
the
criminal
history check conducted under this section does not
confirm
the individual's statements under subparagraphs (i) through
(iii), his or her employment or clinical privileges will
be
terminated
by the psychiatric facility or other facility defined in
42
USC 1396d(d) as required under subsection (1) unless and until
the
individual appeals and can prove that the information is
incorrect.
(v) That he or she understands the conditions
described in
subparagraphs
(i)
through (iv) that
result in the termination of
his
or her employment or clinical privileges and that those
conditions
are good cause for termination.
(c)
Except as otherwise provided in this subdivision, the
psychiatric
facility or other facility defined in 42 USC 1396d(d)
does
not permit the individual to have regular direct access to or
provide
direct services to patients or residents in the psychiatric
facility
or other facility defined in 42 USC 1396d(d) without
supervision
until the criminal history check or criminal history
record
information is obtained and the individual is eligible for
that
employment or clinical privileges. If required under this
subdivision,
the psychiatric facility or other facility defined in
42
USC 1396d(d) shall provide on-site supervision of an individual
in
the facility on a conditional basis under this subsection by an
individual
who has undergone a criminal history check conducted in
compliance
with this section. A psychiatric facility or other
facility
defined in 42 USC 1396d(d) may permit an individual in the
facility
on a conditional basis under this subsection to have
regular
direct access to or provide direct services to patients or
residents
in the psychiatric facility or other facility defined in
42
USC 1396d(d) without supervision if all of the following
conditions
are met:
(i) The psychiatric facility or other facility defined
in 42
USC
1396d(d), at its own expense and before the individual has
direct
access to or provides direct services to patients or
residents
of the psychiatric facility or other facility defined in
42
USC 1396d(d), conducts a search of public records on that
individual
through the internet criminal history access tool
maintained
by the department of state police and the results of
that
search do not uncover any information that would indicate that
the
individual is not eligible to have regular direct access to or
provide
direct services to patients or residents under this
section.
(ii) Before the individual has direct access to or
provides
direct
services to patients or residents of the psychiatric
facility
or other facility defined in 42 USC 1396d(d), the
individual
signs a statement in writing that he or she has resided
in
this state without interruption for at least the immediately
preceding
12-month period.
(iii) If applicable, the individual provides to the
department
of
state police a set of fingerprints on or before the expiration
of
10 business days following the date the individual was
conditionally
employed or granted conditional clinical privileges
under
this subsection.
(6)
The department shall develop and distribute a model form
for
the statements required under subsection (5)(b) and (c). The
department
shall make the model form available to psychiatric
facilities
or other facility defined in 42 USC 1396d(d) subject to
this
section upon request at no charge.
(7)
If an individual is employed as a conditional employee or
is
granted conditional clinical privileges under subsection (5),
and
the information under subsection (3) or report under subsection
(4)
does not confirm the individual's statement under subsection
(5)(b)(i) through (iii), the psychiatric facility or other facility
defined
in 42 USC 1396d(d) shall terminate the individual's
employment
or clinical privileges as required by subsection (1).
(8)
An individual who knowingly provides false information
regarding
his or her identity, criminal convictions, or
substantiated
findings on a statement described in subsection
(5)(b)(i) through (iii) is guilty of a misdemeanor punishable by
imprisonment
for not more than 93 days or a fine of not more than
$500.00,
or both.
(5) (9)
A psychiatric facility or other
facility defined in 42
USC 1396d(d) or staffing agency shall use criminal history record
information obtained under subsection (3) or (4) only for the
purpose of evaluating an applicant's qualifications for employment,
an independent contract, or clinical privileges in the position for
which
he or she has applied. and for the purposes of subsections
(5)
and (7). A psychiatric facility or
other facility defined in 42
USC 1396d(d) or staffing agency or an employee of the psychiatric
facility or other facility defined in 42 USC 1396d(d) or staffing
agency shall not disclose criminal history record information
obtained under subsection (3) or (4) to a person who is not
directly involved in evaluating the applicant's qualifications for
employment, an independent contract, or clinical privileges. An
individual who knowingly uses or disseminates the criminal history
record information obtained under subsection (3) or (4) in
violation of this subsection is guilty of a misdemeanor punishable
by imprisonment for not more than 93 days or a fine of not more
than $1,000.00, or both. Except for a knowing or intentional
release of false information, a psychiatric facility or other
facility defined in 42 USC 1396d(d) or staffing agency has no
liability in connection with a criminal history check conducted in
compliance with this section or the release of criminal history
record information under this subsection.
(6) (10)
Upon consent of an applicant as
required in
subsection (3) and upon request from a psychiatric facility or
other facility defined in 42 USC 1396d(d) or staffing agency that
has made a good-faith offer of employment or an independent
contract
or clinical privileges to the applicant, the relevant
licensing
or regulatory department of licensing and regulatory
affairs shall review the criminal history record information, if
any, and notify the requesting psychiatric facility or other
facility defined in 42 USC 1396d(d) or staffing agency of the
information in the manner prescribed in subsection (4). Until the
federal
bureau of investigation Federal
Bureau of Investigation
implements an automatic notification system similar to the system
required
of the state police under subsection (13) (9) and federal
regulations allow the federal criminal record to be used for
subsequent authorized uses, as determined in an order issued by the
department of licensing and regulatory affairs, a covered health or
staffing agency facility may rely on the criminal history record
information
provided by the relevant licensing or regulatory
department of licensing and regulatory affairs under this
subsection
and a request to the federal bureau of investigation
Federal Bureau of Investigation to make a subsequent determination
of the existence of any national criminal history pertaining to the
applicant is not necessary if all of the following requirements are
met:
(a) The criminal history check was conducted during the
immediately preceding 12-month period.
(b) The applicant has been continuously employed by a
psychiatric facility or other facility defined in 42 USC 1396d(d),
covered health facility, or adult foster care facility or the
staffing agency since the criminal history check was conducted in
compliance with this section or meets the continuous employment
requirement of this subdivision other than being on layoff status
for less than 1 year from a psychiatric facility or other facility
defined in 42 USC 1396d(d), covered health facility, or adult
foster care facility.
(c) The applicant can provide evidence acceptable to the
relevant
licensing or regulatory department of licensing and
regulatory affairs that he or she has been a resident of this state
for the immediately preceding 12-month period.
(7) (11)
As a condition of continued
employment, each
employee, independent contractor, or individual granted clinical
privileges shall do each of the following:
(a) Agree in writing to report to the psychiatric facility or
other facility defined in 42 USC 1396d(d) or staffing agency
immediately upon being arraigned for 1 or more of the criminal
offenses
listed in subsection (1)(a) through to (g), upon being
convicted of 1 or more of the criminal offenses listed in
subsection
(1)(a) through to (g), upon becoming the subject of an
order or disposition described under subsection (1)(h), and upon
being the subject of a substantiated finding of neglect, abuse, or
misappropriation of property as described in subsection (1)(i).
Reporting of an arraignment under this subdivision is not cause for
termination or denial of employment.
(b) If a set of fingerprints is not already on file with the
department of state police, provide the department of state police
with a set of fingerprints.
(8) (12)
In addition to sanctions set forth
in this act, a
licensee, owner, administrator, or operator of a psychiatric
facility or other facility defined in 42 USC 1396d(d) or staffing
agency who knowingly and willfully fails to conduct the criminal
history checks as required under this section is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $5,000.00, or both.
(9) (13)
In collaboration with the
department of state police,
the department of technology, management, and budget shall
establish and maintain an automated fingerprint identification
system database that would allow the department of state police to
store and maintain all fingerprints submitted under this section
and would provide for an automatic notification if and when a
subsequent criminal arrest fingerprint card submitted into the
system matches a set of fingerprints previously submitted under
this section. Upon notification, the department of state police
shall immediately notify the department of licensing and regulatory
affairs and the department of licensing and regulatory affairs
shall immediately contact each respective psychiatric facility or
other facility defined in 42 USC 1396d(d) or staffing agency with
which that individual is associated. Information in the database
established under this subsection is confidential, is not subject
to disclosure under the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246, and shall not be disclosed to any person
except for purposes of this act or for law enforcement purposes.
(10) (14)
The department of licensing and regulatory affairs
shall maintain an electronic web-based system to assist psychiatric
facilities or other facility defined in 42 USC 1396d(d) and
staffing agencies required to check relevant registries and conduct
criminal history checks of its employees and independent
contractors, and individuals granted privileges and to provide for
an automated notice to those psychiatric facilities or other
facility defined in 42 USC 1396d(d) and staffing agencies for those
individuals inputted in the system who, since the initial criminal
history check, have been convicted of a disqualifying offense or
have been the subject of a substantiated finding of abuse, neglect,
or misappropriation of property. The department of licensing and
regulatory affairs may charge a staffing agency a 1-time set-up fee
of up to $100.00 for access to the electronic web-based system
under this section.
(11) (15)
As used in this section:
(a) "Adult foster care facility" means an adult foster care
facility licensed under the adult foster care facility licensing
act, 1979 PA 218, MCL 400.701 to 400.737.
(b) "Convicted" means either of the following:
(i) For a crime that is not a relevant crime, a final
conviction, the payment of a fine, a plea of guilty or nolo
contendere if accepted by the court, or a finding of guilt for a
criminal law violation or a juvenile adjudication or disposition by
the juvenile division of probate court or family division of
circuit court for a violation that if committed by an adult would
be a crime.
(ii) For a relevant crime described under 42 USC 1320a-7(a),
convicted means that term as defined in 42 USC 1320a-7.
(c) "Covered health facility" means a nursing home, county
medical care facility, hospice, hospital that provides swing bed
services, or home for the aged licensed under article 17 of the
public health code, 1978 PA 368, MCL 333.20101 to 333.22260, or
home health agency.
(d) "Criminal history check conducted in compliance with this
section" includes a criminal history check conducted under this
section, under section 20173a of the public health code, 1978 PA
3658,
368, MCL 333.20173a, or under section 34b of the adult
foster
care facility licensing act, 1979 PA 218, MCL 400.734b.
(e) "Direct access" means access to a patient or resident or
to a patient's or resident's property, financial information,
medical records, treatment information, or any other identifying
information.
(f)
"Home health agency" means a person certified by medicare
Medicare whose business is to provide to individuals in their
places of residence other than in a hospital, nursing home, or
county medical care facility 1 or more of the following services:
nursing services, therapeutic services, social work services,
homemaker services, home health aide services, or other related
services.
(g) "Independent contract" means a contract entered into by a
health facility or agency with an individual who provides the
contracted services independently or a contract entered into by a
health facility or agency with a staffing agency that complies with
the requirements of this section to provide the contracted services
to the psychiatric facility or other facility defined in 42 USC
1396d(d) on behalf of the staffing agency.
(h)
"Medicare" means benefits under the federal medicare
Medicare program established under title XVIII of the social
security
act, 42 USC 1395 to 1395kkk-1.1395lll.
(i) "Staffing agency" means an entity that recruits candidates
and provides temporary and permanent qualified staffing for
psychiatric facilities or other facility defined in 42 USC
1396d(d), including independent contractors.
(j) "Under the facility's control" means an individual
employed by or under independent contract with a psychiatric
facility or other facility defined in 42 USC 1396d(d) for whom the
psychiatric facility or other facility defined in 42 USC 1396d(d)
does both of the following:
(i) Determines whether the individual who has access to
patients or residents may provide care, treatment, or other similar
support service functions to patients or residents served by the
psychiatric facility or other facility defined in 42 USC 1396d(d).
(ii) Directs or oversees 1 or more of the following:
(A) The policy or procedures the individual must follow in
performing his or her duties.
(B) The tasks performed by the individual.
(C) The individual's work schedule.
(D) The supervision or evaluation of the individual's work or
job performance, including imposing discipline or granting
performance awards.
(E) The compensation the individual receives for performing
his or her duties.
(F) The conditions under which the individual performs his or
her duties.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
