HOUSE BILL No. 4450


     March 13, 2001, Introduced by Reps. Caul, Scranton, Kuipers, Julian, Gilbert, Kooiman, Lockwood, Woronchak, Van
Woerkom, Spade, Mans, Richardville, Voorhees, Woodward, Stamas, Bovin, Dennis, Schauer, Shackleton, Howell, LaSata, Hart,
Lipsey, Shulman, Bishop, Gieleghem, Jansen and Birkholz and referred to the Committee on Senior Health, Security and Retirement.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending section 21771 (MCL 333.21771).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 21771.  (1) A licensee, nursing home administrator,

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      NURSE'S AIDE, or OTHER employee of a nursing home shall not

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       physically,  DO EITHER OF THE FOLLOWING:

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           (A) PHYSICALLY, mentally, or emotionally abuse, mistreat, or

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      harmfully neglect a patient.

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           (B) COMMIT A THEFT OR LARCENY OF THE PERSONAL PROPERTY OF A

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      PATIENT.

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           (2) A nursing home employee who becomes aware of an act pro-

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      hibited by  this section  SUBSECTION (1) immediately shall report

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      the matter to the nursing home administrator or nursing

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      director.  A nursing home administrator or nursing director who


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      becomes aware of an act prohibited by this section immediately

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      shall report the matter by telephone to the department of  public

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      health  CONSUMER AND INDUSTRY SERVICES, which in turn shall

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      notify the  department of social services  FAMILY INDEPENDENCE

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      AGENCY.

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           (3) Any person may report a violation of  this section 

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      SUBSECTION (1) to the department.

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           (4) A physician or other licensed health care  personnel 

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      PROFESSIONAL of a hospital or other health  care  facility OR

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      AGENCY to which a patient is transferred who becomes aware of an

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      act prohibited by  this section  SUBSECTION (1) shall report the

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      act to the department.

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           (5) Upon receipt of a report made under  this section 

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      SUBSECTION (2), (3), OR (4), the department shall make an

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      investigation.  The department may require the person making the

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      report to submit a written report or to supply additional infor-

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      mation, or both.

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           (6) UPON RECEIPT OF A REPORT OF A VIOLATION OF SUBSECTION

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      (1) ALLEGEDLY COMMITTED BY A NURSING HOME EMPLOYEE, THE DEPART-

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      MENT OF CONSUMER AND INDUSTRY SERVICES SHALL INVESTIGATE THE

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      ALLEGATIONS, PURSUANT TO SECTION 1819(g)(1)(C) OF PART A OF TITLE

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      XVIII OF THE SOCIAL SECURITY ACT, 42 U.S.C. 1395i-3.  THE DEPART-

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      MENT OF CONSUMER AND INDUSTRY SERVICES SHALL COMMENCE THE INVES-

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      TIGATION WITHIN 10 DAYS AFTER RECEIVING THE REPORT AND SHALL COM-

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      PLETE THE INVESTIGATION WITHIN 30 DAYS AFTER RECEIVING THE

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      REPORT.  THE DEPARTMENT MAY REQUIRE THE PERSON MAKING THE REPORT

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      TO SUBMIT A WRITTEN REPORT OR TO SUPPLY ADDITIONAL INFORMATION,



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      OR BOTH.  AFTER COMMENCING AN INVESTIGATION UNDER THIS

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      SUBSECTION, THE DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

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      SHALL NOTIFY, IN WRITING, THE SUBJECT OF THE COMPLAINT AND THE

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      NATURE OF THE ALLEGATIONS.  THE DEPARTMENT OF CONSUMER AND INDUS-

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      TRY SERVICES MAY EXTEND THE TIME PERIODS DESCRIBED IN THIS SUB-

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      SECTION FOR NOT MORE THAN 30 ADDITIONAL DAYS IF IT DOCUMENTS SUF-

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      FICIENT REASON FOR A DELAY INCLUDING, BUT NOT LIMITED TO, FURTHER

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      INVESTIGATION OR VERIFICATION OF THE REPORT.

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           (7) WITHIN 10 DAYS AFTER COMPLETING THE INVESTIGATION

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      REQUIRED UNDER SUBSECTION (6), THE DEPARTMENT OF CONSUMER AND

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      INDUSTRY SERVICES SHALL NOTIFY IN WRITING THE INDIVIDUAL ALLEGED

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      TO HAVE VIOLATED SUBSECTION (1) AS REQUIRED UNDER

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      SECTION 1819(g)(1)(C) OF PART A OF TITLE XVIII OF THE SOCIAL

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      SECURITY ACT, 42 U.S.C. 1395i-3.  THE DEPARTMENT SHALL SEND A

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      COPY OF THE NOTICE TO THE NURSING HOME INVOLVED IN THE

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      INVESTIGATION.

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           (8)  (6)  A licensee or nursing home administrator shall not

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      evict, harass, dismiss, or retaliate against a patient, a

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      patient's representative, or an employee who makes a report under

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      this section.

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           (9) A HEARING HELD BY THE DEPARTMENT OF CONSUMER AND INDUS-

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      TRY SERVICES UNDER SECTION 1819(g)(1)(C) OF PART A OF TITLE XVIII

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      OF THE SOCIAL SECURITY ACT, 42 U.S.C. 1395i-3, SHALL BE CONDUCTED

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      AS A CONTESTED CASE HEARING UNDER CHAPTER 4 OF THE ADMINISTRATIVE

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      PROCEDURES ACT OF 1969, MCL 24.271 TO 24.287.  THE DEPARTMENT

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      SHALL BE A PARTY TO THE HEARING AND SHALL BE REPRESENTED BY THE

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      DEPARTMENT OF ATTORNEY GENERAL AT THE HEARING.  THE DEPARTMENT OF



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      CONSUMER AND INDUSTRY SERVICES SHALL GIVE NOTICE AND AN

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      OPPORTUNITY TO INTERVENE IN THE PROCEEDINGS TO THE NURSING HOME

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      THAT IS THE EMPLOYER OF THE INDIVIDUAL WHO IS THE SUBJECT OF THE

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      HEARING.

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           (10) WITHIN 10 DAYS AFTER THE COMPLETION OF THE HEARING

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      DESCRIBED IN SUBSECTION (9), THE DEPARTMENT OF CONSUMER AND

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      INDUSTRY SERVICES SHALL NOTIFY THE INDIVIDUAL WHO IS THE SUBJECT

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      OF THE HEARING AND, IF APPLICABLE, THE NURSE'S AIDE REGISTRY

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      MAINTAINED BY THE DEPARTMENT, OF THE RESULTS OF THE HEARING.






































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