Bill Text: MI SB0285 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Health facilities; nursing homes; ratios of patients to nursing care personnel and certified nurse aides; modify. Amends sec. 21720a of 1978 PA 368 (MCL 333.21720a).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-29 - Referred To Committee On Health Policy [SB0285 Detail]
Download: Michigan-2017-SB0285-Introduced.html
SENATE BILL No. 285
March 29, 2017, Introduced by Senators HOPGOOD and GREGORY and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 21720a (MCL 333.21720a).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
21720a. (1) A The
department shall not license a nursing
home
shall not be licensed under this part unless that the nursing
home has on its staff at least 1 registered nurse with specialized
training
or relevant experience in the area of gerontology , who
shall
serve serves as the director of nursing and who shall be is
responsible for planning and directing nursing care. The nursing
home shall have at least 1 licensed nurse on duty at all times and
shall employ additional registered and licensed practical nurses
and
certified nurse aides in accordance
with subsection (2). This
subsection
shall not take effect until January 1, 1980.this
section.
(2) A nursing home shall employ nursing care personnel and
certified nurse aides sufficient to provide continuous 24-hour
nursing care and services sufficient to meet the needs of each
patient in the nursing home. Nursing care personnel and certified
nurse
aides who are employed in the nursing
home shall be are under
the supervision of the director of nursing described in subsection
(1).
(3) A licensee shall maintain a nursing home staff sufficient
to provide not less than 2.25 hours of nursing care by employed
nursing care personnel per patient per day. The ratio of patients
to
nursing care personnel during a morning shift shall must not
exceed 8 patients to 1 nursing care personnel; the ratio of
patients
to nursing care personnel during an afternoon shift shall
must not exceed 12 patients to 1 nursing care personnel; and the
ratio of patients to nursing care personnel during a nighttime
shift
shall must not exceed 15 patients to 1 nursing care
personnel, and
there shall must be sufficient nursing care
personnel
available on duty to assure ensure
coverage for patients
at
all times during the shift. An employee Nursing care personnel
who
are designated as a member members of
the nursing staff shall
not
be engaged in providing provide
basic services, such
as
including, but not limited to, food preparation, housekeeping,
laundry,
or maintenance services, except in an instance of a
natural disaster or other emergency reported to and concurred in by
the department. In a nursing home having 30 or more beds, the
director
of nursing shall described
in subsection (1) must not be
included in counting the minimum ratios of nursing care personnel
required by this subsection.
(4) A licensee shall maintain a nursing home staff sufficient
to provide not fewer than 2.25 hours of nursing care by employed
certified nurse aides per patient per day. The ratio of patients to
certified nurse aides during a morning shift must not exceed 6
patients to 1 certified nurse aide; the ratio of patients to
certified nurse aides during an afternoon shift must not exceed 8
patients to 1 certified nurse aide; and the ratio of patients to
certified nurse aides during a nighttime shift must not exceed 12
patients to 1 certified nurse aide, and there must be sufficient
certified nurse aides available on duty to ensure coverage for
patients at all times during the shift. A certified nurse aide who
is designated as a member of the nursing staff shall not provide
basic services, including, but not limited to, food preparation,
housekeeping, laundry, or maintenance services, except in a natural
disaster or other emergency reported to and concurred in by the
department. In a nursing home having 30 or more beds, the director
of nursing described in subsection (1) must not be included in
counting the minimum ratios of certified nurse aides required by
this subsection.
(5) (3)
In administering this section, the
department shall
take
into consideration consider a natural disaster or other
emergency.
(6) As used in this section, "certified nurse aide" means an
individual who provides nursing or nursing related services to
residents of a nursing home and who is not a health professional
licensed under article 15, a registered dietician, or someone who
volunteers to provide those services without pay.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
