Bill Text: MI HB5031 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Senior citizens; housing; assisted living facilities; require licensure. Amends secs. 20102, 20106 & 20161 of 1978 PA 368 (MCL 333.20102 et seq.) & adds pt. 212.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-09-28 - Bill Electronically Reproduced 09/27/2017 [HB5031 Detail]
Download: Michigan-2017-HB5031-Introduced.html
HOUSE BILL No. 5031
September 27, 2017, Introduced by Reps. Hammoud, Sabo, Green, Lucido, Brann, Sowerby, Pagan, Maturen, Wittenberg, Ellison, Noble, Liberati, Chang, Yaroch, Farrington, Lasinski, Geiss, Camilleri and Schor and referred to the Committee on Law and Justice.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 20102, 20106, and 20161 (MCL 333.20102,
333.20106, and 333.20161), section 20102 as amended by 2010 PA 381,
section 20106 as amended by 2015 PA 104, and section 20161 as
amended by 2016 PA 189, and by adding part 212.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 20102. (1) "Advisory commission" means the health
2 facilities and agencies advisory commission created in section
3 20121.
4 (2) "Aircraft transport operation" means that term as defined
5 in section 20902.
6 (3) "Ambulance operation" means that term as defined in
7 section 20902.
1 (4) "Assisted living facility" means a housing facility for
2 older adults or people with disabilities that may provide
3 supervision or assistance with activities of daily living,
4 coordination of services by outside health care providers, and
5 monitoring of resident activities to help to ensure their health,
6 safety, and well-being.
7 (5) (4) "Attending
physician" means the physician selected by,
8 or assigned to, the patient and who has primary responsibility for
9 the treatment and care of the patient.
10 (6) (5) "Authorized
representative" means the individual
11 designated in writing by the board of directors of the corporation
12 or by the owner or person with legal authority to act on behalf of
13 the company or organization on licensing matters. The authorized
14 representative who is not an owner or licensee shall not sign the
15 original license application or amendments to the application.
16 Sec. 20106. (1) "Health facility or agency", except as
17 provided in section 20115, means:
18 (a) An ambulance operation, aircraft transport operation,
19 nontransport prehospital life support operation, or medical first
20 response service.
21 (b) A county medical care facility.
22 (c) A freestanding surgical outpatient facility.
23 (d) A health maintenance organization.
24 (e) A home for the aged.
25 (f) A hospital.
26 (g) A nursing home.
27 (h) An assisted living facility.
1 (i) (h) A
hospice.
2 (j) (i) A
hospice residence.
3 (k) (j) A
facility or agency listed in subdivisions (a) to (g)
4 located in a university, college, or other educational institution.
5 (2) "Health maintenance organization" means that term as
6 defined in section 3501 of the insurance code of 1956, 1956 PA 218,
7 MCL 500.3501.
8 (3) "Home for the aged" means a supervised personal care
9 facility, other than a hotel, adult foster care facility, hospital,
10 nursing home, or county medical care facility that provides room,
11 board, and supervised personal care to 21 or more unrelated,
12 nontransient, individuals 60 years of age or older. Home for the
13 aged includes a supervised personal care facility for 20 or fewer
14 individuals 60 years of age or older if the facility is operated in
15 conjunction with and as a distinct part of a licensed nursing home.
16 Home for the aged does not include an area excluded from this
17 definition by section 17(3) of the continuing care community
18 disclosure act, 2014 PA 448, MCL 554.917.
19 (4) "Hospice" means a health care program that provides a
20 coordinated set of services rendered at home or in outpatient or
21 institutional settings for individuals suffering from a disease or
22 condition with a terminal prognosis.
23 (5) "Hospital" means a facility offering inpatient, overnight
24 care, and services for observation, diagnosis, and active treatment
25 of an individual with a medical, surgical, obstetric, chronic, or
26 rehabilitative condition requiring the daily direction or
27 supervision of a physician. Hospital does not include a mental
1 health psychiatric hospital licensed or operated by the department
2 of community health and
human services or a hospital operated
by
3 the department of corrections.
4 (6) "Hospital long-term care unit" means a nursing care
5 facility, owned and operated by and as part of a hospital,
6 providing organized nursing care and medical treatment to 7 or more
7 unrelated individuals suffering or recovering from illness, injury,
8 or infirmity.
9 Sec. 20161. (1) The department shall assess fees and other
10 assessments for health facility and agency licenses and
11 certificates of need on an annual basis as provided in this
12 article. Until October 1, 2019, except as otherwise provided in
13 this article, fees and assessments shall be paid as provided in the
14 following schedule:
|
15 |
(a) Freestanding surgical |
|
16 |
outpatient facilities................$500.00 per facility |
|
17 |
license. |
|
18 |
(b) Hospitals...................$500.00 per facility |
|
19 |
license and $10.00 per |
|
20 |
licensed bed. |
|
21 |
(c) Nursing homes, county |
|
22 |
medical care facilities, and |
|
23 |
hospital long-term care units........$500.00 per facility |
|
24 |
license and $3.00 per |
|
25 |
licensed bed over 100 |
|
26 |
licensed beds. |
|
27 |
(d) Homes for the aged..........$6.27 per licensed bed. |
|
1 |
(e) Hospice agencies............$500.00 per agency license. |
|
2 |
(f) Hospice residences..........$500.00 per facility |
|
3 |
license and $5.00 per |
|
4 |
licensed bed. |
|
5 |
(g) Assisted living facilities..$1,000.00 per facility |
|
6 |
license. |
|
7 |
(h) |
|
8 |
(11), quality assurance assessment |
|
9 |
for nursing homes and hospital |
|
10 |
long-term care units.................an amount resulting |
|
11 |
in not more than 6% |
|
12 |
of total industry |
|
13 |
revenues. |
|
14 |
(i) |
|
15 |
(12), quality assurance assessment |
|
16 |
for hospitals........................at a fixed or variable |
|
17 |
rate that generates |
|
18 |
funds not more than the |
|
19 |
maximum allowable under |
|
20 |
the federal matching |
|
21 |
requirements, after |
|
22 |
consideration for the |
|
23 |
amounts in subsection |
|
24 |
(12)(a) and (i). |
|
25 |
(j) |
|
26 |
application fee for subdivisions |
|
1 |
(a),
(b), (c), (e), |
|
2 |
license. |
3 (2) If a hospital requests the department to conduct a
4 certification survey for purposes of title XVIII or title XIX of
5 the social security act, the hospital shall pay a license fee
6 surcharge of $23.00 per bed. As used in this subsection, "title
7 XVIII" and "title XIX" mean those terms as defined in section
8 20155.
9 (3) All of the following apply to the assessment under this
10 section for certificates of need:
11 (a) The base fee for a certificate of need is $3,000.00 for
12 each application. For a project requiring a projected capital
13 expenditure of more than $500,000.00 but less than $4,000,000.00,
14 an additional fee of $5,000.00 is added to the base fee. For a
15 project requiring a projected capital expenditure of $4,000,000.00
16 or more but less than $10,000,000.00, an additional fee of
17 $8,000.00 is added to the base fee. For a project requiring a
18 projected capital expenditure of $10,000,000.00 or more, an
19 additional fee of $12,000.00 is added to the base fee.
20 (b) In addition to the fees under subdivision (a), the
21 applicant shall pay $3,000.00 for any designated complex project
22 including a project scheduled for comparative review or for a
23 consolidated licensed health facility application for acquisition
24 or replacement.
25 (c) If required by the department, the applicant shall pay
26 $1,000.00 for a certificate of need application that receives
27 expedited processing at the request of the applicant.
1 (d) The department shall charge a fee of $500.00 to review any
2 letter of intent requesting or resulting in a waiver from
3 certificate of need review and any amendment request to an approved
4 certificate of need.
5 (e) A health facility or agency that offers certificate of
6 need covered clinical services shall pay $100.00 for each
7 certificate of need approved covered clinical service as part of
8 the certificate of need annual survey at the time of submission of
9 the survey data.
10 (f) The department shall use the fees collected under this
11 subsection only to fund the certificate of need program. Funds
12 remaining in the certificate of need program at the end of the
13 fiscal year shall not lapse to the general fund but shall remain
14 available to fund the certificate of need program in subsequent
15 years.
16 (4) A license issued under this part is effective for no
17 longer than 1 year after the date of issuance.
18 (5) Fees described in this section are payable to the
19 department at the time an application for a license, permit, or
20 certificate is submitted. If an application for a license, permit,
21 or certificate is denied or if a license, permit, or certificate is
22 revoked before its expiration date, the department shall not refund
23 fees paid to the department.
24 (6) The fee for a provisional license or temporary permit is
25 the same as for a license. A license may be issued at the
26 expiration date of a temporary permit without an additional fee for
27 the balance of the period for which the fee was paid if the
1 requirements for licensure are met.
2 (7) The cost of licensure activities shall be supported by
3 license fees.
4 (8) The application fee for a waiver under section 21564 is
5 $200.00 plus $40.00 per hour for the professional services and
6 travel expenses directly related to processing the application. The
7 travel expenses shall be calculated in accordance with the state
8 standardized travel regulations of the department of technology,
9 management, and budget in effect at the time of the travel.
10 (9) An applicant for licensure or renewal of licensure under
11 part 209 shall pay the applicable fees set forth in part 209.
12 (10) Except as otherwise provided in this section, the fees
13 and assessments collected under this section shall be deposited in
14 the state treasury, to the credit of the general fund. The
15 department may use the unreserved fund balance in fees and
16 assessments for the criminal history check program required under
17 this article.
18 (11) The quality assurance assessment collected under
19 subsection (1)(g) (1)(h)
and all federal matching funds
attributed
20 to that assessment shall be used only for the following purposes
21 and under the following specific circumstances:
22 (a) The quality assurance assessment and all federal matching
23 funds attributed to that assessment shall be used to finance
24 Medicaid nursing home reimbursement payments. Only licensed nursing
25 homes and hospital long-term care units that are assessed the
26 quality assurance assessment and participate in the Medicaid
27 program are eligible for increased per diem Medicaid reimbursement
1 rates under this subdivision. A nursing home or long-term care unit
2 that is assessed the quality assurance assessment and that does not
3 pay the assessment required under subsection (1)(g) (1)(h) in
4 accordance with subdivision (c)(i) or in accordance with a written
5 payment agreement with this state shall not receive the increased
6 per diem Medicaid reimbursement rates under this subdivision until
7 all of its outstanding quality assurance assessments and any
8 penalties assessed under subdivision (f) have been paid in full.
9 This subdivision does not authorize or require the department to
10 overspend tax revenue in violation of the management and budget
11 act, 1984 PA 431, MCL 18.1101 to 18.1594.
12 (b) Except as otherwise provided under subdivision (c),
13 beginning October 1, 2005, the quality assurance assessment is
14 based on the total number of patient days of care each nursing home
15 and hospital long-term care unit provided to non-Medicare patients
16 within the immediately preceding year, shall be assessed at a
17 uniform rate on October 1, 2005 and subsequently on October 1 of
18 each following year, and is payable on a quarterly basis, with the
19 first payment due 90 days after the date the assessment is
20 assessed.
21 (c) Within 30 days after September 30, 2005, the department
22 shall submit an application to the federal Centers for Medicare and
23 Medicaid Services to request a waiver according to 42 CFR 433.68(e)
24 to implement this subdivision as follows:
25 (i) If the waiver is approved, the quality assurance
26 assessment rate for a nursing home or hospital long-term care unit
27 with less than 40 licensed beds or with the maximum number, or more
1 than the maximum number, of licensed beds necessary to secure
2 federal approval of the application is $2.00 per non-Medicare
3 patient day of care provided within the immediately preceding year
4 or a rate as otherwise altered on the application for the waiver to
5 obtain federal approval. If the waiver is approved, for all other
6 nursing homes and long-term care units the quality assurance
7 assessment rate is to be calculated by dividing the total statewide
8 maximum allowable assessment permitted under subsection (1)(g)
9 (1)(h) less the total amount to be paid by the nursing homes and
10 long-term care units with less than 40 licensed beds or with the
11 maximum number, or more than the maximum number, of licensed beds
12 necessary to secure federal approval of the application by the
13 total number of non-Medicare patient days of care provided within
14 the immediately preceding year by those nursing homes and long-term
15 care units with more than 39 licensed beds, but less than the
16 maximum number of licensed beds necessary to secure federal
17 approval. The quality assurance assessment, as provided under this
18 subparagraph, shall be assessed in the first quarter after federal
19 approval of the waiver and shall be subsequently assessed on
20 October 1 of each following year, and is payable on a quarterly
21 basis, with the first payment due 90 days after the date the
22 assessment is assessed.
23 (ii) If the waiver is approved, a continuing care retirement
24 centers are center is
exempt from the quality assurance
assessment
25 if the continuing care retirement center requires each center
26 resident to provide an initial life interest payment of
27 $150,000.00, on average, per resident to ensure payment for that
1 resident's residency and services and the continuing care
2 retirement center utilizes all of the initial life interest payment
3 before the resident becomes eligible for medical assistance under
4 the state's Medicaid plan. As used in this subparagraph,
5 "continuing care retirement center" means a nursing care facility
6 that provides independent living services, assisted living
7 services, and nursing care and medical treatment services, in a
8 campus-like setting that has shared facilities or common areas, or
9 both.
10 (d) Beginning May 10, 2002, the department shall increase the
11 per diem nursing home Medicaid reimbursement rates for the balance
12 of that year. For each subsequent year in which the quality
13 assurance assessment is assessed and collected, the department
14 shall maintain the Medicaid nursing home reimbursement payment
15 increase financed by the quality assurance assessment.
16 (e) The department shall implement this section in a manner
17 that complies with federal requirements necessary to ensure that
18 the quality assurance assessment qualifies for federal matching
19 funds.
20 (f) If a nursing home or a hospital long-term care unit fails
21 to pay the assessment required by subsection (1)(g), (1)(h), the
22 department may assess the nursing home or hospital long-term care
23 unit a penalty of 5% of the assessment for each month that the
24 assessment and penalty are not paid up to a maximum of 50% of the
25 assessment. The department may also refer for collection to the
26 department of treasury past due amounts consistent with section 13
27 of 1941 PA 122, MCL 205.13.
1 (g) The Medicaid nursing home quality assurance assessment
2 fund is established in the state treasury. The department shall
3 deposit the revenue raised through the quality assurance assessment
4 with the state treasurer for deposit in the Medicaid nursing home
5 quality assurance assessment fund.
6 (h) The department shall not implement this subsection in a
7 manner that conflicts with 42 USC 1396b(w).
8 (i) The quality assurance assessment collected under
9 subsection (1)(g) (1)(h)
shall be prorated on a quarterly basis
for
10 any licensed beds added to or subtracted from a nursing home or
11 hospital long-term care unit since the immediately preceding July
12 1. Any adjustments in payments are due on the next quarterly
13 installment due date.
14 (j) In each fiscal year governed by this subsection, Medicaid
15 reimbursement rates shall not be reduced below the Medicaid
16 reimbursement rates in effect on April 1, 2002 as a direct result
17 of the quality assurance assessment collected under subsection
18 (1)(g).(1)(h).
19 (k) The state retention amount of the quality assurance
20 assessment collected under subsection (1)(g) (1)(h) shall
be equal
21 to 13.2% of the federal funds generated by the nursing homes and
22 hospital long-term care units quality assurance assessment,
23 including the state retention amount. The state retention amount
24 shall be appropriated each fiscal year to the department to support
25 Medicaid expenditures for long-term care services. These funds
26 shall offset an identical amount of general fund/general purpose
27 revenue originally appropriated for that purpose.
1 (l) Beginning October 1, 2019, the department shall not assess
2 or collect the quality assurance assessment or apply for federal
3 matching funds. The quality assurance assessment collected under
4 subsection (1)(g) (1)(h)
shall not be assessed or collected
after
5 September 30, 2011 if the quality assurance assessment is not
6 eligible for federal matching funds. Any portion of the quality
7 assurance assessment collected from a nursing home or hospital
8 long-term care unit that is not eligible for federal matching funds
9 shall be returned to the nursing home or hospital long-term care
10 unit.
11 (12) The quality assurance dedication is an earmarked
12 assessment collected under subsection (1)(h). (1)(i). That
13 assessment and all federal matching funds attributed to that
14 assessment shall be used only for the following purpose and under
15 the following specific circumstances:
16 (a) To maintain the increased Medicaid reimbursement rate
17 increases as provided for in subdivision (c).
18 (b) The quality assurance assessment shall be assessed on all
19 net patient revenue, before deduction of expenses, less Medicare
20 net revenue, as reported in the most recently available Medicare
21 cost report and is payable on a quarterly basis, with the first
22 payment due 90 days after the date the assessment is assessed. As
23 used in this subdivision, "Medicare net revenue" includes Medicare
24 payments and amounts collected for coinsurance and deductibles.
25 (c) Beginning October 1, 2002, the department shall increase
26 the hospital Medicaid reimbursement rates for the balance of that
27 year. For each subsequent year in which the quality assurance
1 assessment is assessed and collected, the department shall maintain
2 the hospital Medicaid reimbursement rate increase financed by the
3 quality assurance assessments.
4 (d) The department shall implement this section in a manner
5 that complies with federal requirements necessary to ensure that
6 the quality assurance assessment qualifies for federal matching
7 funds.
8 (e) If a hospital fails to pay the assessment required by
9 subsection (1)(h), (1)(i),
the department may assess the hospital
a
10 penalty of 5% of the assessment for each month that the assessment
11 and penalty are not paid up to a maximum of 50% of the assessment.
12 The department may also refer for collection to the department of
13 treasury past due amounts consistent with section 13 of 1941 PA
14 122, MCL 205.13.
15 (f) The hospital quality assurance assessment fund is
16 established in the state treasury. The department shall deposit the
17 revenue raised through the quality assurance assessment with the
18 state treasurer for deposit in the hospital quality assurance
19 assessment fund.
20 (g) In each fiscal year governed by this subsection, the
21 quality assurance assessment shall only be collected and expended
22 if Medicaid hospital inpatient DRG and outpatient reimbursement
23 rates and disproportionate share hospital and graduate medical
24 education payments are not below the level of rates and payments in
25 effect on April 1, 2002 as a direct result of the quality assurance
26 assessment collected under subsection (1)(h), (1)(i), except
as
27 provided in subdivision (h).
1 (h) The quality assurance assessment collected under
2 subsection (1)(h) (1)(i)
shall not be assessed or collected
after
3 September 30, 2011 if the quality assurance assessment is not
4 eligible for federal matching funds. Any portion of the quality
5 assurance assessment collected from a hospital that is not eligible
6 for federal matching funds shall be returned to the hospital.
7 (i) The state retention amount of the quality assurance
8 assessment collected under subsection (1)(h) (1)(i) shall
be equal
9 to 13.2% of the federal funds generated by the hospital quality
10 assurance assessment, including the state retention amount. The
11 13.2% state retention amount described in this subdivision does not
12 apply to the Healthy Michigan plan. In the fiscal year ending
13 September 30, 2016, there is a 1-time additional retention amount
14 of up to $92,856,100.00. Beginning in the fiscal year ending
15 September 30, 2017, and for each fiscal year thereafter, after
16 that, there is a retention amount of $105,000,000.00 for each
17 fiscal year for the Healthy Michigan plan. The state retention
18 percentage shall be applied proportionately to each hospital
19 quality assurance assessment program to determine the retention
20 amount for each program. The state retention amount shall be
21 appropriated each fiscal year to the department to support Medicaid
22 expenditures for hospital services and therapy. These funds shall
23 offset an identical amount of general fund/general purpose revenue
24 originally appropriated for that purpose. By May 31, 2019, the
25 department, the state budget office, and the Michigan Health and
26 Hospital Association shall identify an appropriate retention amount
27 for the fiscal year ending September 30, 2020 and each fiscal year
1 thereafter.after
that.
2 (13) The department may establish a quality assurance
3 assessment to increase ambulance reimbursement as follows:
4 (a) The quality assurance assessment authorized under this
5 subsection shall be used to provide reimbursement to Medicaid
6 ambulance providers. The department may promulgate rules to provide
7 the structure of the quality assurance assessment authorized under
8 this subsection and the level of the assessment.
9 (b) The department shall implement this subsection in a manner
10 that complies with federal requirements necessary to ensure that
11 the quality assurance assessment qualifies for federal matching
12 funds.
13 (c) The total annual collections by the department under this
14 subsection shall not exceed $20,000,000.00.
15 (d) The quality assurance assessment authorized under this
16 subsection shall not be collected after October 1, 2019. The
17 quality assurance assessment authorized under this subsection shall
18 no longer be collected or assessed if the quality assurance
19 assessment authorized under this subsection is not eligible for
20 federal matching funds.
21 (14) The quality assurance assessment provided for under this
22 section is a tax that is levied on a health facility or agency.
23 (15) As used in this section:
24 (a) "Healthy Michigan plan" means the medical assistance plan
25 described in section 105d of the social welfare act, 1939 PA 280,
26 MCL 400.105d, that has a federal matching fund rate of not less
27 than 90%.
1 (b) "Medicaid" means that term as defined in section 22207.
2 PART 212. ASSISTED LIVING FACILITIES
3 Sec. 21201. Article 1 contains general definitions and
4 principles of construction applicable to all articles in this code
5 and part 201 contains definitions applicable to this part.
6 Sec. 21203. (1) Beginning 1 year after the effective date of
7 the amendatory act that added this part, an assisted living
8 facility must be licensed under this article.
9 (2) "Assisted living facility" or similar term or abbreviation
10 shall not be used to describe or refer to a health facility or
11 agency unless it is licensed by the department under this article.
12 Sec. 21205. (1) The owner, operator, and governing body of an
13 assisted living facility are responsible for all phases of the
14 operation of the facility and shall ensure that the facility
15 maintains an organized program to provide room and board,
16 protection, supervision, assistance, and supervised personal care
17 for its residents.
18 (2) The owner, operator, and governing body shall ensure the
19 availability of emergency medical care required by a resident.
20 (3) The owner, operator, or member of the governing body of an
21 assisted living facility and the authorized representative shall be
22 of good moral character.
23 (4) The department shall not issue a license to or renew the
24 license of an owner, operator, or member of the governing body, who
25 has regular direct access to residents or who has on-site facility
26 operational responsibilities, or an applicant, if an individual or
27 the authorized representative, if any of those individuals have
1 been convicted of 1 or more of the following:
2 (a) A felony under this act or under chapter XXA of the
3 Michigan penal code, 1931 PA 328, MCL 750.145m to 750.145r.
4 (b) A misdemeanor under this act or under chapter XXA of the
5 Michigan penal code, 1931 PA 328, MCL 750.145m to 750.145r, within
6 the 10 years immediately preceding the application.
7 (c) A misdemeanor involving abuse, neglect, assault, battery,
8 or criminal sexual conduct or involving fraud or theft against a
9 vulnerable adult as that term is defined in section 145m of the
10 Michigan penal code, 1931 PA 328, MCL 750.145m, or a state or
11 federal crime that is substantially similar to a misdemeanor
12 described in this subdivision within the 10 years immediately
13 preceding the application.
14 (5) The applicant for a license for an assisted living
15 facility, if an individual, must give written consent at the time
16 of license application and the authorized representative must give
17 written consent at the time of appointment, for the department of
18 state police to conduct both of the following:
19 (a) A criminal history check.
20 (b) A criminal records check through the Federal Bureau of
21 Investigation.
22 (6) Unless already submitted under subsection (5), an owner,
23 operator, or member of the governing body who has regular direct
24 access to residents or who has on-site facility operational
25 responsibilities for an assisted living facility must give written
26 consent at the time of license application for the department of
27 state police to conduct both of the following:
1 (a) A criminal history check.
2 (b) A criminal records check through the Federal Bureau of
3 Investigation.
4 (7) The department shall require the applicant, authorized
5 representative, owner, operator, or member of the governing body
6 who has regular direct access to residents or who has on-site
7 facility operational responsibilities to submit his or her
8 fingerprints to the department of state police for the criminal
9 history check and criminal records check described in subsections
10 (5) and (6).
11 (8) Not later than 1 year after the effective date of the
12 amendatory act that added this section, all owners, operators, and
13 members of the governing body of assisted living facilities who
14 have regular direct access to residents or who have on-site
15 facility operational responsibilities and all authorized
16 representatives must comply with the requirements of this section.
17 (9) The department shall request a criminal history check and
18 criminal records check in the manner prescribed by the department
19 of state police. The department of state police shall conduct the
20 criminal history check and provide a report of the results to the
21 department. The report shall contain any criminal history
22 information on the person maintained by the department of state
23 police and the results of the criminal records check from the
24 Federal Bureau of Investigation. The department of state police may
25 charge the person on whom the criminal history check and criminal
26 records check are performed under this section a fee for the checks
27 required under this section that does not exceed the actual cost
1 and reasonable cost of conducting the checks.
2 (10) Beginning the effective date of the amendatory act that
3 added this section, if an applicant, authorized representative,
4 owner, operator, or member of the governing body who has regular
5 direct access to residents or who has on-site facility operational
6 responsibilities applies for a license or to renew a license to
7 operate an assisted living facility and previously underwent a
8 criminal history check and criminal records check required under
9 subsection (5) or (6) or under section 134a of the mental health
10 code, 1974 PA 258, MCL 330.1134a, and has remained continuously
11 licensed or continuously employed under section 20173a or under
12 section 34b of the adult foster care facility licensing act, 1979
13 PA 218, MCL 400.734b, after the criminal history check and criminal
14 records check have been performed, the applicant, authorized
15 representative, owner, operator, or member of the governing body
16 who has regular direct access to residents or who has on-site
17 facility operational responsibilities is not required to submit to
18 another criminal history check or criminal records check upon
19 renewal of the license obtained under this section.
20 (11) The department of state police shall store and maintain
21 all fingerprints submitted under this act in an automated
22 fingerprint identification system database that provides for an
23 automatic notification at the time a subsequent criminal arrest
24 fingerprint card submitted into the system matches a set of
25 fingerprints previously submitted in accordance with this act. At
26 the time of that notification, the department of state police shall
27 immediately notify the department. The department shall take the
1 appropriate action upon notification by the department of state
2 police under this subsection.
3 (12) An applicant, owner, operator, member of a governing
4 body, or authorized representative of an assisted living facility
5 shall not be present in an assisted living facility if he or she
6 has been convicted of either of the following:
7 (a) Vulnerable adult abuse, neglect, or financial
8 exploitation.
9 (b) A listed offense as defined in section 2 of the sex
10 offenders registration act, 1994 PA 295, MCL 28.722.
11 Enacting section 1. This amendatory act takes effect 90 days
12 after the date it is enacted into law.
