Bill Text: MI HB4598 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Mental health; other; crimes and actions that disqualify individuals for employment at certain facilities; expand to include certain findings of abuse or neglect. Amends sec. 134a of 1974 PA 258 (MCL 330.1134a). TIE BAR WITH: HB 4597'11, HB 4599'11

Spectrum: Slight Partisan Bill (Republican 15-8)

Status: (Introduced - Dead) 2011-05-04 - Printed Bill Filed 05/04/2011 [HB4598 Detail]

Download: Michigan-2011-HB4598-Introduced.html

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HOUSE BILL No. 4598

 

May 3, 2011, Introduced by Reps. Heise, Lane, Liss, Bauer, Kurtz, Rendon, Wayne Schmidt, Jenkins, Farrington, Zorn, Damrow, Haines, Kowall, Callton, O'Brien, Haveman, Forlini, Lyons, Townsend, Darany, Stapleton, Slavens and Brown and referred to the Committee on Families, Children, and Seniors.

 

     A bill to amend 1974 PA 258, entitled

 

"Mental health code,"

 

by amending section 134a (MCL 330.1134a), as amended by 2010 PA

 

293.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 134a. (1) Except as otherwise provided in subsection (2),

 

a psychiatric facility or intermediate care facility for people

 

with mental retardation 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 intermediate care facility

 

for people with mental retardation 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 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 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 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 an investigation

 

conducted in accordance with under 42 USC 1395i-3 or 1396r, or the

 

subject of a substantiated finding of abuse class I, abuse class

 

II, neglect class I, or neglect class II by a state agency

 

according to an investigation conducted under state law.

 

     (2) Except as otherwise provided in this subsection or

 

subsection (5), a psychiatric facility or intermediate care

 

facility for people with mental retardation 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 intermediate

 

care facility for people with mental retardation until the

 

psychiatric facility or intermediate care facility for people with

 

mental retardation 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 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 psychiatric

 

facility or intermediate care facility for people with mental

 

retardation 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). An individual who is exempt under this subdivision

 

is not limited to working within the psychiatric facility or

 

intermediate care facility for people with mental retardation 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 intermediate care facility for

 

people with mental retardation, 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 (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 intermediate care facility for people with

 

mental retardation 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 intermediate care facility for people with

 

mental retardation 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 intermediate care facility for

 

people with mental retardation 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 intermediate care facility for people with mental

 

retardation 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 psychiatric

 

facility or intermediate care facility for people with mental

 

retardation 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 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 psychiatric facility or intermediate care facility

 

for people with mental retardation 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 intermediate care facility

 

for people with mental retardation shall submit information

 

regarding the criminal history check conducted by the staffing

 

agency to the psychiatric facility or intermediate care facility

 

for people with mental retardation 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 intermediate care facility for people with

 

mental retardation 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.

 

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 psychiatric facility or

 

intermediate care facility for people with mental retardation or

 

staffing agency shall make the written consent and identification

 

available to the department of state police. The psychiatric

 

facility or intermediate care facility for people with mental

 

retardation or staffing agency shall make a request regarding that

 

applicant to the relevant licensing or regulatory department 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

 

charges a fee for conducting the criminal history check, the

 

psychiatric facility or intermediate care facility for people with

 

mental retardation or staffing agency shall pay the cost of the

 

charge. The psychiatric facility or intermediate care facility for

 

people with mental retardation or staffing 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 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 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

 

determination to the department within 30 days after the request is

 

made. If the requesting psychiatric facility or intermediate care

 

facility for people with mental retardation 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 determination

 

that resulted in a conviction, the department shall notify the

 

psychiatric facility or intermediate care facility for people with

 

mental retardation 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

 

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 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 intermediate care

 

facility for people with mental retardation 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 intermediate care facility

 

for people with mental retardation 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 intermediate care facility for people with

 

mental retardation may conditionally employ or grant conditional

 

clinical privileges to the individual if all of the following

 

apply:

 

     (a) The psychiatric facility or intermediate care facility for

 

people with mental retardation 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 intermediate care

 

facility for people with mental retardation 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 intermediate care facility for people with

 

mental retardation does not permit the individual to have regular

 

direct access to or provide direct services to patients or

 

residents in the psychiatric facility or intermediate care facility

 

for people with mental retardation 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 intermediate care facility for people with

 

mental retardation 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 intermediate care facility for people with mental

 

retardation 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 intermediate care facility for people

 

with mental retardation without supervision if all of the following

 

conditions are met:

 

     (i) The psychiatric facility or intermediate care facility for

 

people with mental retardation, 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 intermediate

 

care facility for people with mental retardation, 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 intermediate care facility for people with mental

 

retardation, 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 intermediate care facilities for people with mental

 

retardation 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 intermediate

 

care facility for people with mental retardation 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.

 

     (9) A psychiatric facility or intermediate care facility for

 

people with mental retardation 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

 

intermediate care facility for people with mental retardation or

 

staffing agency or an employee of the psychiatric facility or

 

intermediate care facility for people with mental retardation 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

 

intermediate care facility for people with mental retardation 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.

 

     (10) Upon consent of an applicant as required in subsection

 

(3) and upon request from a psychiatric facility or intermediate

 

care facility for people with mental retardation 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 shall review the criminal

 

history record information, if any, and notify the requesting

 

psychiatric facility or intermediate care facility for people with

 

mental retardation or staffing agency 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 covered health facility or staffing

 

agency 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 a

 

psychiatric facility or intermediate care facility for people with

 

mental retardation, 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 intermediate care facility for people with mental

 

retardation, covered health facility, or adult foster care

 

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) 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

 

intermediate care facility for people with mental retardation or

 

staffing agency immediately upon being arraigned for 1 or more of

 

the criminal offenses listed in subsection (1)(a) through (g), upon

 

being convicted of 1 or more of the criminal offenses listed in

 

subsection (1)(a) through (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) In addition to sanctions set forth in this act, a

 

licensee, owner, administrator, or operator of a psychiatric

 

facility or intermediate care facility for people with mental

 

retardation 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.

 

     (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 such notification, the department of state

 

police shall immediately notify the department and the department

 

shall immediately contact each respective psychiatric facility or

 

intermediate care facility for people with mental retardation 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.

 

     (14) The department shall maintain an electronic web-based

 

system to assist psychiatric facilities or intermediate care

 

facilities for people with mental retardation 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 intermediate care

 

facilities for people with mental retardation 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 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) "Abuse class I", "abuse class II", "neglect class I", and

 

"neglect class II", mean those terms as defined in R 330.7001 of

 

the Michigan administrative code.

 

     (b) (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.

 

     (c) (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.

 

     (d) (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.

 

     (e) (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, MCL 333.20173a, or under section 34b of the adult foster

 

care facility licensing act, 1979 PA 218, MCL 400.734b.

 

     (f) (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.

 

     (g) (f) "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.

 

     (h) (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 intermediate care facility for

 

people with mental retardation on behalf of the staffing agency.

 

     (i) (h) "Medicare" means benefits under the federal medicare

 

program established under title XVIII of the social security act,

 

42 USC 1395 to 1395iii 1395kkk.

 

     (j) (i) "Staffing agency" means an entity that recruits

 

candidates and provides temporary and permanent qualified staffing

 

for psychiatric facilities or intermediate care facilities for

 

people with mental retardation, including independent contractors.

 

     (k) (j) "Under the facility's control" means an individual

 

employed by or under independent contract with a psychiatric

 

facility or intermediate care facility for people with mental

 

retardation for whom the psychiatric facility or intermediate care

 

facility for people with mental retardation 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 intermediate care facility for people with

 

mental retardation.

 

     (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 96th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 4599(request no.

 

01252'11).

 

     (b) Senate Bill No.____ or House Bill No. 4597(request no.

 

01253'11).