Bill Text: MI SB1253 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Health facilities; employees; criminal history background check; clarify process to eliminate subsequent checks when possible and provide general amendments. Amends sec. 20173a of 1978 PA 368 (MCL 333.20173a). TIE BAR WITH: SB 1254'10, SB 1255'10
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2010-12-29 - Assigned Pa 0291'10 With Immediate Effect [SB1253 Detail]
Download: Michigan-2009-SB1253-Engrossed.html
SB-1253, As Passed House, December 2, 2010
SUBSTITUTE FOR
SENATE BILL NO. 1253
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 20173a (MCL 333.20173a), as amended by 2008 PA
444.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20173a. (1) Except as otherwise provided in subsection
(2),
a health covered facility or agency that is a nursing home,
county
medical care facility, hospice, hospital that provides swing
bed
services, home for the aged, or home health agency 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 health covered
facility
or agency after April 1, 2006 if the
individual satisfies
1 or more of the following:
(a) Has been convicted of a relevant crime described under 42
USC
1320a-7 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 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 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 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 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 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 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, 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 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 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 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 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)
Has been Engages in
conduct that becomes the subject of a
substantiated finding of neglect, abuse, or misappropriation of
property by a state or federal agency pursuant to an investigation
conducted in accordance with 42 USC 1395i-3 or 1396r.
(2) Except as otherwise provided in this subsection or
subsection
(5), a health covered facility or agency that is a
nursing
home, county medical care facility, hospice, hospital that
provides
swing bed services, home for the aged, or home health
agency 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 health
covered
facility or agency after April 1,
2006 until the health
covered
facility or staffing agency
conducts has a criminal history
check
conducted in compliance with subsection (4) this section or
has received criminal history record information in compliance with
subsections (3) and (10). 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 health covered
facility
or agency before April 1, 2006. Beginning 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 (12) (13). An individual who is exempt under this
subdivision
is not limited to working within the health covered
facility
or agency with which he or she is employed by, under
independent contract to, or granted clinical privileges on April 1,
2006 .
That individual but may transfer to another health covered
facility, or
agency that is under the same ownership with which he
or
she was employed, under contract, or granted privileges. If that
individual
wishes to transfer to another health facility or agency
that
is not under the same ownership, he or she may do so provided
that
a criminal history check is conducted by the new health
facility
or agency in accordance with subsection (4) adult foster
care facility, or mental health facility. If an individual who is
exempt under this subdivision is subsequently convicted of a crime
described under subsection (1)(a) 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) 42 USC 1320a-7(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 contractor
contract
with a health covered facility
or agency that is a nursing
home,
county medical care facility, hospice, hospital that provides
swing
bed services, home for the aged, or home health agency if he
or she is not under the facility's control and the services for
which he or she is contracted are not directly related to the
provision of services to a patient or resident or if the services
for which he or she is contracted allow for direct access to the
patients or residents but are not performed on an ongoing basis.
This exception includes, but is not limited to, an individual who
independently
contracts is under an
independent contract with the
health
covered facility or agency 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 health staffing agency
or covered facility or agency that
is
a
nursing home, county medical care facility, hospice, hospital
that
provides swing bed services, home for the aged, or home health
agency
and who has received a good
faith offer of employment, an
independent
contract, or clinical privileges from the health
facility
or agency 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 an initial 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 covered facility or staffing agency to obtain the criminal
history record information as prescribed in subsection (4) from the
relevant licensing or regulatory department and for the department
of state police to conduct a criminal history check under this
section if the requirements of subsection (10) are not met and a
request to the 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 staffing
agency or covered facility 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 and shall make
a request regarding that applicant to the relevant licensing or
regulatory department to conduct a check of all relevant registries
in the manner required in subsection (4). If the requirements of
subsection (10) are not met and a request to the federal bureau of
investigation to make a subsequent determination of the existence
of any national criminal history pertaining to the applicant is
necessary, the covered facility or staffing agency shall proceed in
the manner required in subsection (4). A staffing agency that
employs an individual who regularly has direct access to or
provides direct services to patients or residents under an
independent contract with a covered facility shall submit
information regarding the criminal history check conducted by the
staffing agency to the covered facility 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
health
staffing agency or covered facility or agency that is a
nursing
home, county medical care facility, hospice, hospital that
provides
swing bed services, home for the aged, or home health
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. The department of state police
shall request the 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 health staffing agency
or covered facility or agency
shall make the written consent and identification available to the
department
of state police. The health staffing
agency or covered
facility
or agency shall make a request regarding
that applicant to
the relevant licensing or regulatory department to conduct a check
of all relevant registries established pursuant to 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 charges a fee
for
conducting the initial criminal history check, a health the
staffing
agency or covered facility or agency
that is a nursing
home,
county medical care facility, hospice, hospital that provides
swing
bed services, or home health agency shall
pay the cost of the
charge. If the department of state police or the federal bureau of
investigation
charges a fee for conducting the initial criminal
history check, the department shall pay the cost of or reimburse
the
charge for a health covered
facility or agency that is a
home
for
the aged. The health staffing
agency or covered facility or
agency
shall not seek reimbursement for a
charge imposed by the
department of state police or the federal bureau of investigation
from
the individual who is the subject of the initial criminal
history check. A prospective employee or a prospective independent
contractor covered under this section may not be charged for the
cost
of an initial 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 with a written report
of
the criminal history check conducted under this subsection. if
the
criminal history check contains any criminal history record
information.
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 determination to the department
within
30 days after the request is made. If the requesting health
staffing
agency or covered facility or agency
is not a state
department
or agency and if a criminal conviction history record
information is disclosed on the written report of the criminal
history check or the federal bureau of investigation determination
that resulted in a conviction, the department shall notify the
health
staffing agency or covered facility or 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 determination without disclosing the details of the
crime. Any charges imposed by the department of state police or the
federal
bureau of investigation for conducting an initial 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 a decision made the information relied upon
by
the health staffing agency
or covered facility or agency in
making its decision regarding his or her employment eligibility
based
on the criminal background history
check. The notice shall
also include information regarding where to file and describing the
appellate procedures established under section 20173b.
(5)
If a health covered facility or agency that is a nursing
home,
county medical care facility, hospice, hospital that provides
swing
bed services, home for the aged, or home health agency
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 health covered
facility or agency may
conditionally employ or grant conditional clinical privileges to
the individual if all of the following apply:
(a)
The health covered facility or agency 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) to (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) That he or she agrees that, if the information in the
criminal history check conducted under this section does not
confirm the individual's statements under subparagraphs (i) to (iii),
his or her employment or clinical privileges will be terminated by
the
health covered facility or agency 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 that the conditions described
in subparagraphs (i) to (iv) may 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
covered facility does not permit the individual to have regular
direct access to or provide direct services to patients or
residents in the covered facility 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
covered facility shall provide on-site supervision of an individual
in the covered 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 covered facility
may permit an individual in the covered facility on a conditional
basis under this subsection to have regular direct access to or
provide direct services to patients or residents in the covered
facility without supervision if all of the following conditions are
met:
(i) The covered facility, at its own expense and before the
individual has direct access to or provides direct services to
patients or residents of the covered facility, 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 covered facility,
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 statement statements required under subsection (5)(b) and
(c). The department shall make the model form available
to health
covered
facilities or agencies 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 described in
under subsection (4) does not confirm the individual's statement
under
subsection (5)(b)(i) to (iii), the health covered facility or
agency
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) to (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.
(9)
A health staffing agency
or covered facility or agency
that
is a nursing home, county medical care facility, hospice,
hospital
that provides swing bed services, home for the aged, or
home
health 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 health staffing
agency or covered facility or agency
or
an
employee of the health staffing
agency or covered facility or
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. Upon written request from another health
facility
or agency, psychiatric facility or intermediate care
facility
for people with mental retardation, or adult foster care
facility
that is considering employing, independently contracting
with,
or granting clinical privileges to an individual, a health
facility
or agency that has obtained criminal history record
information
under this section on that individual shall, with the
consent
of the applicant, share the information with the requesting
health
facility or agency, psychiatric facility or intermediate
care
facility for people with mental retardation, or adult foster
care
facility. Except for a knowing or
intentional release of false
information,
a health staffing agency
or covered facility or agency
has
no liability in connection with a criminal background history
check
conducted under in
compliance with this section or the
release of criminal history record information under this
subsection.
(10) Upon consent of an applicant as required in subsection
(3) and upon request from a staffing agency or covered facility
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 shall review the criminal
history record information, if any, and notify the requesting
staffing agency or covered facility of the information in the
manner prescribed in subsection (4). Until the federal bureau of
investigation implements an automatic notification system similar
to the system required of the state police under subsection (13)
and federal regulations allow the federal criminal record to be
used for subsequent authorized uses, as determined in an order
issued by the department, a staffing agency or covered health
facility may rely on the criminal history record information
provided by the relevant licensing or regulatory department under
this subsection and a request to the 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 the
staffing agency or a covered facility, adult foster care facility,
or mental health facility 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 covered facility, adult
foster care facility, or mental health facility.
(c) The applicant can provide evidence acceptable to the
relevant licensing or regulatory department that he or she has been
a resident of this state for the immediately preceding 12-month
period.
(11) (10)
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 health staffing agency
or
covered facility or agency immediately
upon being arraigned for
1 or more of the criminal offenses listed in subsection (1)(a) to
(g), upon being convicted of 1 or more of the criminal offenses
listed in subsection (1)(a) 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.
(12) (11)
In addition to sanctions set forth
in section 20165,
a
licensee, owner, administrator, or operator of a nursing home,
county
medical care facility, hospice, hospital that provides swing
bed
services, home for the aged, or home health agency staffing
agency or covered facility 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.
(13) (12)
In collaboration with the
department of state
police,
the department of information 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 in
accordance
with under this section. Upon such notification, the
department of state police shall immediately notify the department
and
the department shall immediately contact the each respective
health
staffing agency or covered facility or 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.
(13)
On or before April 1, 2009, the department shall submit a
written
report to the legislature outlining a plan to cover the
costs
of the criminal history checks required under this section if
federal
funding is no longer available or is inadequate to cover
those
costs.
(14)
The department and the department of state police shall
maintain
an electronic web-based system to assist those health
staffing
agencies and covered facilities and
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 health
staffing
agencies and covered facilities or
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 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.
(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 facility" means a health facility or agency that
is a nursing home, county medical care facility, hospice, hospital
that provides swing bed services, home for the aged, 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 134a of the mental health code, 1974 PA 258,
MCL 330.1134a, or under section 34b of the adult foster care
facility licensing act, 1979 PA 218, MCL 400.734b.
(e) (b)
"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) (c)
"Home health agency"
means a person certified by
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) (d)
"Independent contract"
means a contract entered into
by
a health covered facility or agency with an individual who
provides the contracted services independently or a contract
entered
into by a health covered facility or agency with an
organization
or agency that employs or contracts with an individual
after
complying a staffing agency
that complies with the
requirements of this section to provide the contracted services to
the
health covered facility or agency on behalf of the organization
or
staffing agency.
(h) (e)
"Medicare" means benefits
under the federal medicare
program established under title XVIII of the social security act,
42
USC 1395 to 1395hhh 1395iii.
(i) "Mental health facility" means a psychiatric facility or
intermediate care facility for people with mental retardation under
the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106.
(j) "Staffing agency" means an entity that recruits candidates
and provides temporary and permanent qualified staffing for covered
facilities, including independent contractors.
(k) "Under the facility's control" means an individual
employed by or under independent contract with a covered facility
for whom the covered facility 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
covered facility.
(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 does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No. 1254.
(b) Senate Bill No. 1255.
