Bill Text: MI SB1128 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Health facilities; certificate of need; cone-beam tomography equipment; eliminate from definition of a covered clinical service under certain circumstances. Amends sec. 22203 of 1978 PA 368 (MCL 333.22203).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2016-10-20 - Referred To Committee On Health Policy [SB1128 Detail]
Download: Michigan-2015-SB1128-Introduced.html
SENATE BILL No. 1128
October 20, 2016, Introduced by Senators JONES and SHIRKEY and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 22203 (MCL 333.22203), as amended by 2002 PA
619.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 22203. (1) "Addition" means adding patient rooms, beds,
and ancillary service areas, including, but not limited to,
procedure rooms or fixed equipment, surgical operating rooms,
therapy rooms or fixed equipment, or other accommodations to a
health facility.
(2) "Capital expenditure" means an expenditure for a single
project, including cost of construction, engineering, and equipment
that under generally accepted accounting principles is not properly
chargeable as an expense of operation. Capital expenditure includes
a lease or comparable arrangement by or on behalf of a health
facility to obtain a health facility, licensed part of a health
facility, or equipment for a health facility, if the actual
purchase of a health facility, licensed part of a health facility,
or equipment for a health facility would have been considered a
capital expenditure under this part. Capital expenditure includes
the cost of studies, surveys, designs, plans, working drawings,
specifications, and other activities essential to the acquisition,
improvement, expansion, addition, conversion, modernization, new
construction, or replacement of physical plant and equipment.
(3) "Certificate of need" means a certificate issued under
this part authorizing a new health facility, a change in bed
capacity, the initiation, replacement, or expansion of a covered
clinical service, or a covered capital expenditure that is issued
in accordance with this part.
(4) "Certificate of need review standard" or "review standard"
means a standard approved by the commission.
(5) "Change in bed capacity" means 1 or more of the following:
(a) An increase in licensed hospital beds.
(b) An increase in licensed nursing home beds or hospital beds
certified for long-term care.
(c) An increase in licensed psychiatric beds.
(d) A change from 1 licensed use to a different licensed use.
(e) The physical relocation of beds from a licensed site to
another geographic location.
(6) "Clinical" means directly pertaining to the diagnosis,
treatment, or rehabilitation of an individual.
(7) "Clinical service area" means an area of a health
facility, including related corridors, equipment rooms, ancillary
service and support areas that house medical equipment, patient
rooms, patient beds, diagnostic, operating, therapy, or treatment
rooms or other accommodations related to the diagnosis, treatment,
or rehabilitation of individuals receiving services from the health
facility.
(8) "Commission" means the certificate of need commission
created under section 22211.
(9) "Covered capital expenditure" means a capital expenditure
of $2,500,000.00 or more, as adjusted annually by the department
under section 22221(g), by a person for a health facility for a
single project, excluding the cost of nonfixed medical equipment,
that includes or involves the acquisition, improvement, expansion,
addition, conversion, modernization, new construction, or
replacement of a clinical service area.
(10) "Covered clinical service", except as modified by the
commission under section 22215, means 1 or more of the following:
(a) Initiation or expansion of 1 or more of the following
services:
(i) Neonatal intensive care services or special newborn
nursing services.
(ii) Open heart surgery.
(iii) Extrarenal organ transplantation.
(b) Initiation, replacement, or expansion of 1 or more of the
following services:
(i) Extracorporeal shock wave lithotripsy.
(ii) Megavoltage radiation therapy.
(iii) Positron emission tomography.
(iv) Surgical services provided in a freestanding surgical
outpatient facility, an ambulatory surgery center certified under
title XVIII, or a surgical department of a hospital licensed under
part 215 and offering inpatient or outpatient surgical services.
(v) Cardiac catheterization.
(vi) Fixed and mobile magnetic resonance imager services.
(vii) Fixed and mobile computerized tomography scanner
services, except cone-beam computed tomography equipment that meets
all of the following requirements:
(A) The equipment is designed specifically for limited-use
specialty imaging.
(B) The equipment is approved by the United States Food and
Drug Administration as a medical diagnostic device.
(C) The equipment is used exclusively by a physician who is a
board-certified otolaryngologist and who is licensed under part 170
or part 175.
(viii) Air ambulance services.
(c) Initiation or expansion of a specialized psychiatric
program for children and adolescent patients utilizing licensed
psychiatric beds.
(d) Initiation, replacement, or expansion of a service not
listed in this subsection, but designated as a covered clinical
service by the commission under section 22215(1)(a).
(11) "Fixed equipment" means equipment that is affixed to and
constitutes a structural component of a health facility, including,
but not limited to, mechanical or electrical systems, elevators,
generators, pumps, boilers, and refrigeration equipment.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
