May 13, 2004, Introduced by Senator GEORGE and referred to the Committee on Economic Development, Small Business and Regulatory Reform.
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending section 137 (MCL 330.1137), as amended by 1995 PA
290.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 137. (1) A person shall not construct, establish, or
2 maintain a psychiatric hospital, psychiatric unit, or psychiatric
3 partial hospitalization program or use the terms psychiatric
4 hospital, psychiatric unit, or psychiatric partial
5 hospitalization program, without first obtaining a license. The
6 director shall require an applicant or a licensee to disclose the
7 names, addresses, and official positions of all persons who have
8 an ownership interest in a psychiatric hospital, psychiatric
9 unit, or psychiatric partial hospitalization program. If the
10 psychiatric hospital, psychiatric unit, or psychiatric partial
1 hospitalization program
is located on or in real estate which
2 that is leased, the applicant or licensee shall disclose the name
3 of the lessor and any direct or indirect interest that the
4 applicant or licensee has in the lease other than as lessee. A
5 nontransferable license shall be granted for 2 years after the
6 date of issuance, unless otherwise provided in sections 134 to
7 150. The director may issue a provisional license for 1 year to
8 provide a licensee or applicant time to undertake remedial action
9 to correct programmatic or physical plant deficiencies. A
10 provisional license may
be renewed for no not longer than 1
11 additional year. A violation of this section is a misdemeanor
12 and shall be is
punishable by a fine of not more than $1,000.00
13 for each violation.
14 (2) Biennial licensure of psychiatric hospitals, psychiatric
15 units, and psychiatric partial hospitalization programs shall be
16 implemented within 1
year after the effective date of the
17 amendatory act that
added sections 100a to 100d by
March 28,
18 1997. License fees shall be prorated according to the period of
19 time that the license will be in force.
20 (3) Beginning the effective date of the amendatory act that
21 added this subsection, the department shall issue an initial or
22 renewal license or registration not later than 180 days after the
23 applicant files a completed application. If the application is
24 considered incomplete by the department, the department shall
25 notify the applicant in writing within 10 days after receipt of
26 the incomplete application, describing the deficiency and
27 requesting additional information. The 180-day period is tolled
1 upon notification by the department of a deficiency until the
2 date the requested information is received by the department.
3 (4) If the department fails to issue or deny a license or
4 registration within the time required by this section, the
5 department shall return the license or registration fee and shall
6 reduce the license or registration fee for the applicant's next
7 renewal application, if any, by 15%. The department shall not
8 discriminate against an applicant in the processing of the
9 application based on the fact that the application fee was
10 refunded or discounted under this subsection.
11 (5) Beginning January 31, 2005, the director of the
12 department shall submit a report by January 31 of each year to
13 the standing committees and appropriations subcommittees of the
14 senate and house of representatives concerned with issues
15 relating to mental health. The director shall include all of the
16 following information in the report concerning the calendar year
17 that ended the preceding December 31:
18 (a) The number of initial and renewal applications the
19 department received and completed within the 180-day time period
20 described in subsection (3).
21 (b) The number of applications requiring a request for
22 additional information.
23 (c) The average time for an applicant to respond to a request
24 for additional information.
25 (d) The number of applications rejected, categorized by
26 reason for rejection.
27 (e) The amount of money returned to licensees and registrants
1 under subsection (4).
2 (f) The number of licenses not issued within the 180-day
3 period.
4 (g) The average processing time for initial and renewal
5 licenses granted after the 180-day period.