Bill Text: MI HB6076 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Health facilities; licensing; change of ownership interest in nursing home or home for the aged; prohibit transfer of license, require application for new license, and require certain reporting. TIE BAR WITH: HB 6075'12
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-12-05 - Printed Bill Filed 12/05/2012 [HB6076 Detail]
Download: Michigan-2011-HB6076-Introduced.html
HOUSE BILL No. 6076
December 4, 2012, Introduced by Reps. Brunner and Switalski and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 21766 and 21781 (MCL 333.21766 and 333.21781),
section 21766 as amended by 2001 PA 243.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 21766. (1) A nursing home shall execute a written
contract solely with an applicant or patient or that applicant's or
patient's guardian or legal representative authorized by law to
have access to those portions of the patient's or applicant's
income or assets available to pay for nursing home care, at each of
the following times:
(a) At the time an individual is admitted to a nursing home.
(b) At the expiration of the term of a previous contract.
(c) At the time the source of payment for the patient's care
changes.
(2) A nursing home shall not discharge or transfer a patient
at the expiration of the term of a contract, except as provided in
section 21773.
(3) A nursing home shall specifically notify in writing an
applicant or patient or that applicant's or patient's guardian or
legal representative of the availability or lack of availability of
hospice care in the nursing home. This written notice shall be by
way of a specific paragraph located in the written contract
described in subsection (1) and shall require the applicant or
patient or that applicant's or patient's guardian or legal
representative to sign or initial the paragraph before execution of
the written contract. As used in this subsection, "hospice" means
that term as defined in section 20106(4).
(4) A nursing home shall provide a copy of the contract to the
patient, the patient's representative, or the patient's legal
representative or legal guardian at the time the contract is
executed.
(5) For a patient supported by funds other than the patient's
own funds, a nursing home shall make a copy of the contract
available to the person providing the funds for the patient's
support.
(6) For a patient whose care is reimbursed with public funds
administered by the department of community health, a nursing home
shall maintain a copy of the contract in the patient's file at the
nursing home and upon request shall make a copy of the contract
available to the department of community health.
(7) The nursing home shall ensure that the contract is written
in clear and unambiguous language and is printed in not less than
12-point type. The form of the contract shall be prescribed by the
department.
(8) The contract shall specify all of the following:
(a) The term of the contract.
(b) The services to be provided under the contract, including
the availability of hospice or other special care, and the charges
for the services.
(c) The services that may be provided to supplement the
contract and the charges for the services.
(d) The sources liable for payments due under the contract.
(e) The amount of deposit paid and the general and foreseeable
terms upon which the deposit will be held and refunded.
(f) The rights, duties, and obligations of the patient, except
that the specification of a patient's rights may be furnished on a
separate document that complies with the requirements of section
20201.
(9) The nursing home may require a patient's or applicant's
guardian or legal representative who is authorized by law to have
access to those portions of the patient's or applicant's income or
assets available to pay for nursing home care to sign a contract
without incurring personal financial liability other than for funds
received in his or her legal capacity on behalf of the patient.
(10) A nursing home employee may request the appointment of a
guardian for an individual applicant or patient only if the nursing
home employee reasonably believes that the individual meets the
legal requirements for the appointment of a guardian.
(11) At the time a nursing home reports a proposed sale of or
change in an ownership or control interest to the department under
section 20142, the nursing home shall specifically notify in
writing all patients and each patient's guardian or legal
representative of the proposed sale of or change in an ownership or
control interest. At the time the nursing home provides a copy of a
patient contract under subsection (4), the nursing home shall also
specifically notify in writing the patient or the patient's legal
representative or legal guardian of a proposed sale of or change in
an ownership or control interest, if any. If a nursing home that
reports a proposed sale of or change in an ownership or control
interest under section 20142 receives notice of noncompliance under
that section and the department does not have an approved plan of
correction for that nursing home, the nursing home shall also
include in the notice to all patients and to each patient's
guardian or legal representative under this subsection that a
license may not be issued to the new persons with an ownership or
control interest until the items of noncompliance have been
corrected.
Sec. 21781. A licensee shall conspicuously post in an area of
its offices accessible to patients, employees, and visitors:
(a) A current license.
(b) A complete copy of the most recent inspection report of
the nursing home received from the department.
(c) A description, provided by the department, of complaint
procedures established under this act and the name, address, and
telephone number of a person authorized by the department to
receive complaints.
(d) A copy of a notice of a pending hearing or order
pertaining to the nursing home issued by the department or a court
under the authority of this article or rules promulgated under this
article.
(e) A complete list of materials available for public
inspection as required by section 21782.
(f) The names and contact information for persons with an
ownership or control interest in the nursing home, which persons
were disclosed to the department under section 20142.
(g) The names and contact information for the nursing home
administrator, the nursing director, and all other individuals who
exercise operational or managerial control and have decision-making
authorization over the nursing home.
(h) On or before the expiration of 10 days after a proposed
sale of or change in ownership or control is reported to the
department under section 20142, a copy of the report of that
proposed change.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No._____ or House Bill No. 6075(request no.
06485'12) of the 96th Legislature is enacted into law.
