Bill Text: MI HB6047 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Health facilities; nursing homes; penalties for nursing home employee or administrator who provides fraudulent information to surveyors inspecting the home; provide for. Amends sec. 21799c of 1978 PA 368 (MCL 333.21799c).

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2010-04-21 - Reassign To Committee On Senior Health, Security, And Retirement 04/21/2010 [HB6047 Detail]

Download: Michigan-2009-HB6047-Introduced.html

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HOUSE BILL No. 6047

 

April 15, 2010, Introduced by Reps. Valentine, Liss, Tlaib and Dean and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 21799c (MCL 333.21799c), as amended by 1996 PA

 

546.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 21799c. (1) A person who violates 1 of the following

 

sections is guilty of a misdemeanor, punishable by imprisonment for

 

not more than 1 year or a fine of not less than $1,000.00, nor more

 

than $10,000.00, or both:

 

     (a) Section 21711.

 

     (b) Section 21712.

 

     (c) Section 21763(5).

 

     (d) Section 21765a(1) or (2).

 

     (e) Section 21771(1) or (6).

 

     (f) Section 21791.

 

     (2) A person who violates section 21765a(1) or (2) is liable

 

to an applicant or patient in a civil action for treble the amount

 

of actual damages or $1,000.00, whichever is greater, together with

 

costs and reasonable attorney fees.

 

     (3) For the purpose of computing administrative penalties

 

under this section, the number of patients per day is based on the

 

average number of patients in the nursing home during the 30 days

 

immediately preceding the discovery of the violation.

 

     (4) If the department finds a violation of section 20201 as to

 

a particular nursing home patient, the department shall issue an

 

order requiring the nursing home to pay to the patient $100.00, or

 

to reimburse the patient for costs incurred or injuries sustained

 

as a result of the violation, whichever is greater. The department

 

also shall assess the nursing home an administrative penalty that

 

is the lesser of the following:

 

     (a) Not more than $1,500.00.

 

     (b) $15.00 per patient bed.

 

     (5) The department of community health shall promulgate rules

 

for a quality of care allowance formula that is consistent with the

 

recommendations of the fiscal incentives subcommittee to the

 

committee on nursing home reimbursement established pursuant to Act

 

No. 241 of the Public Acts of 1975 PA 241, as described in the

 

November 24, 1975 interim report, in the December 3, 1975 final

 

report, and the November 24, 1976 report of the committee

 

recommending appropriate changes in the procedures utilized.

 

     (6) The department shall not assess an administrative penalty

 

under subsection (4) for a violation of this part for which a

 

nursing home's reimbursement is withheld under subsection (5).

 

     (7) A licensee, nursing home administrator, or employee of a

 

nursing home who knowingly and willfully makes a false statement to

 

the department in the course of a visit made for the purpose of

 

survey, evaluation, or consultation or in the course of an

 

investigation made pursuant to a complaint is guilty of a

 

misdemeanor punishable by imprisonment for not more than 1 year or

 

a fine of not less than $1,000.00 or more than $10,000.00, or both.

 

A licensee, nursing home administrator, or employee of a nursing

 

home cannot be found guilty of knowingly and willfully making a

 

false statement under this subsection unless guilt is established

 

by legal and competent evidence beyond a reasonable doubt.