Bill Text: MI HB5876 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Veterans; veterans' homes; regulation and oversight of state veterans' facilities; transfer to department of licensing and regulatory affairs. Amends secs. 2a & 8 of 1885 PA 152 (MCL 36.2a & 36.8) & adds sec. 1a.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2016-11-30 - Referred To Committee On Veterans, Military Affairs And Homeland Security [HB5876 Detail]
Download: Michigan-2015-HB5876-Engrossed.html
HB-5876, As Passed House, November 29, 2016
SUBSTITUTE FOR
HOUSE BILL NO. 5876
A bill to amend 1885 PA 152, entitled
"An act to authorize the establishment of facilities for former
members of the armed forces of the United States in the state of
Michigan; to create funds; and to provide for the promulgation of
rules,"
by amending sections 2a and 8 (MCL 36.2a and 36.8), section 2a as
amended by 2016 PA 213 and section 8 as amended by 2011 PA 283, and
by adding section 1a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1a. (1) A Michigan veterans' facility shall comply with
all of the rules and regulations for a nursing home as provided in
part 217 of the public health code, 1978 PA 368, MCL 333.21701 to
333.21799e.
(2) Subject to subsection (6), the department of licensing and
regulatory affairs shall ensure that each Michigan veterans'
facility is in compliance with the requirements of subsection (1).
(3) If the department of licensing and regulatory affairs
determines that a Michigan veterans' facility is not in compliance
with the requirements of subsection (1), the department of
licensing and regulatory affairs shall issue a report outlining the
facts underlying that noncompliance not more than 60 days after
making that determination and shall submit the report to the
department of military and veterans affairs, the committees of the
house of representatives and senate concerned with veterans'
issues, and the governor.
(4) The department of licensing and regulatory affairs shall
promulgate any rules necessary to administer this section under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(5) If a rule or policy of the board of managers or the
department of military and veterans affairs is in conflict with a
rule or policy of the department of licensing and regulatory
affairs concerning a Michigan veterans' facility, the rule or
policy of the department of licensing and regulatory affairs
prevails.
(6) The department of licensing and regulatory affairs shall
cease its duties of supervision and oversight of a Michigan
veterans' facility during any period that the facility remains
certified by the Centers for Medicare and Medicaid Services.
Sec.
2a. (1) The Subject to
section 1a, the general operation,
supervision, and government of the Michigan veterans' facility is
vested in a board of managers consisting of 7 members. Each member
shall have demonstrated knowledge, skills, and experience in public
health, business, or finance. Members shall be appointed as
follows:
(a) One representative of the American Legion.
(b) One representative of the Veterans of Foreign Wars of the
United States.
(c) One representative of the Disabled American Veterans.
(d) One representative of any other congressionally chartered
veterans' organization other than those organizations identified in
subdivision (a), (b), or (c).
(e) Three members who are veterans, who may or may not be a
member of 1 or more congressionally chartered veterans'
organizations,
but shall do not represent any congressionally
chartered veterans' organization of which they are a member.
(2) The members shall be appointed by the governor by and with
the advice and consent of the senate. Each member shall hold office
for the term of 3 years from the time of his or her appointment and
shall continue to hold office at the pleasure of the governor. The
members enumerated in subsection (1)(a), (b), (c), and (d) shall be
appointed
by the governor from a list of at least not fewer than 3
individuals recommended by each respective organization.
(3) Each member of the board shall qualify by taking and
filing the constitutional oath of office.
(4) The governor may remove any member of the board for
misfeasance, malfeasance, or nonfeasance in office, after hearing.
Missing
3 or more consecutive meetings shall be of the board is
considered malfeasance and is grounds for removal.
(5) Members of the board shall serve without compensation, but
shall be entitled to actual and necessary expenses incurred in
attending
scheduled meetings of the board of managers in accordance
with the accounting laws of this state.
(6) If a vacancy occurs during the term of office of a member
of
the board, of managers, the member's successor shall be
selected
from the same organization and in the same manner as the original
appointment for the balance of the unexpired term.
(7) As used in this act:
(a) "Board" means the board of managers of the Michigan
veterans' facility created in this section.
(b) "Veteran" means an individual who meets both of the
following:
(i) Is a veteran as defined in section 1 of 1965 PA 190, MCL
35.61.
(ii) Was honorably discharged.
Sec.
8. The board of managers shall meet not less than once
every
3 months. The board of managers shall prepare, review, and
revise a system of government for the homes, which shall include
all rules, regulations, and laws necessary for effective management
and preserving the health of the disabled veterans admitted to the
home. However, this section is subject to section 1a.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
