HB-5866, As Passed Senate, May 9, 2006
March 14, 2006, Introduced by Reps. Shaffer, Farhat, Kolb, Taub, Brown, Hood, Hansen, Marleau, Caswell, Gaffney, Hildenbrand, LaJoy, Schuitmaker, Kahn, Polidori, Caul, Nofs, Sheltrown, Baxter, Whitmer, Farrah, Byrnes, Huizenga, Stahl, Proos, Rocca, Garfield, Sak, Gleason, Pastor, Stewart, Jones, Booher, Angerer, Gillard, McDowell, Byrum, Zelenko, Vagnozzi, Alma Smith, Lipsey, Nitz, Mortimer, Ball, Brandenburg, Amos, Bieda, Moolenaar, David Law, Stakoe, Wenke, Mayes, Pavlov, Palsrok and Cheeks and referred to the Committee on Appropriations.
A bill to amend 1939 PA 280, entitled
"The social welfare act,"
by amending section 58 (MCL 400.58).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
58. (1) The A
county social welfare board is
hereby
authorized
may, with the approval of the county board
of
supervisors,
to commissioners, supervise and be responsible for
the
operation of a county medical care facility which is now or
may
hereafter be established within or in,
auxiliary to, or
independent
of the county infirmary. : Provided, That in any If a
county having
has a board of county institutions, such
facilities
a county medical care
facility shall be supervised and
operated
by such the
board of county institutions, and
all
references hereinafter
in this section to the county social
welfare
board in such counties in relation to the operation of
such
facilities shall be construed to refer to means, for that
county,
the board of county institutions. The social
welfare
county
board in such a county shall
have the authority to that
has established a county medical care facility may collect from any
available
source for the cost of care given
therein and such in
the facility and the collections shall be deposited in the social
welfare
fund created under section 73a. Such The
facility shall
provide a program of planned and continuing medical treatment and
nursing care under the general direction and supervision of a
licensed physician employed full or part-time who shall be known as
the medical director.
(2) Medical treatment and nursing care provided in a county
medical
care facility shall consist of those
services given to
persons who
are suffering from prolonged illness, defect,
infirmity, or
senility, or who may be recovering from injury or
illness. Such
The services provided
shall include any
some or
all of the procedures commonly employed, such as physical
examination, diagnosis, minor surgical treatment, administration of
medicines, provision
of providing special diets, giving of
bedside
care, and the carrying out
of any
required treatment
prescribed
by a duly licensed physician and that are within the
ability of the facility to provide.
(3) These
services Services provided
in a county medical
care facility shall be consistent with the needs of the type of
patient
admitted and cared for, and must be on a professionally
supervised ,
and planned, and provided on a continuing basis. :
Provided,
however, That no A person shall not be admitted or
retained
for care who if
he or she requires special medical or
surgical
treatment , or
treatment for a psychosis, tuberculosis,
or contagious disease, except that the facility may contain a
supervised psychiatric ward for the temporary detention of mentally
disturbed
ill patients
: Provided, That such if the
ward has
been
inspected and approved by the state department of mental
community
health and so
certified by
it the department of
community
health to the county social
welfare board,
: And
provided
further, That and if no other
such facility
for
temporary
detention of mentally disturbed ill patients exists
within
in the county.
: And provided further, That a A
county
department may provide for the support of poor persons who may be
feeble-minded or mentally ill at some other place or places and in
such
a manner
as shall that best promote
promotes the
interests
of the county and be for the comfort and recovery of
such persons, at the expense of the county.
(4) The
A county
social welfare board,
in seeking approval
to establish, extend, and operate a county medical care facility in
an
existing building, shall make application apply in writing to
the state
department.
submitting therewith its The county board
shall include with the application a proposed plan with
specifications, including standards of operation, for the
examination
and recommendations of the state department.
(5) The
A county board of
supervisors of any county
commissioners may determine to erect a county infirmary or county
medical care facilities for the reception and care of the poor and
unfortunate
of the county. which The
county medical care
facilities may be on different sites than the county infirmary.
Upon
On filing
such the determination
with the county clerk,
of
the
county, they the county
board of commissioners may direct the
county social
welfare board to purchase 1 or more tracts of land,
not
exceeding 320 acres, and to erect
thereon on the land 1 or
more
suitable buildings for that purpose the county infirmary or
county medical care facilities. Before any county infirmary or
county medical care facility is erected or any existing buildings
are
remodeled, added to, or substantially altered ,
under the
provisions
of this section,
and before the
plans thereof for
the county infirmary or county medical care facilities are finally
accepted, or
and before any contract is entered into for
construction,
the plans shall be submitted to the
state
department for examination and approval. The determination reached
shall
be certified to the county clerk of the county and shall
be
placed before presented to the county
board of supervisors
commissioners
at the next regular meeting thereof.
No of the
county board of commissioners. A county infirmary or county medical
care
facility shall not be constructed without the approval of
unless
the plans thereof having have been duly
certified
as
herein
provided. No under this
subsection. A contract for the
erection
of an a
county infirmary or county medical
care facility
shall
be is not valid or binding unless the plans thereby
contemplated
referred to in the contract and actually followed
shall
in the construction have been approved. , nor shall any
money
Money shall not be paid
out of the treasury of the from
county
funds for any construction
unless and until
the plans
thereof
have been approved and the determination filed.
(6) It
shall be the duty of the state The department
to
shall
review the proposals and plans of the
a county
social
welfare
board submitted in connection with an application for the
establishment,
extension, and operation of the a county medical
care
facility or the county infirmary and to shall consult
with
and give advice to the county department as to plans, procedures,
and
programs required in for
the proper establishment, extension,
and
operation of the county medical care facility or the
county
infirmary.
(7) The state
department shall approve the county medical
care facilities by proper notice to the county department.
Subsequent
to its After approval, the state department
shall
inspect such
the facility as frequently as it deems
considers
necessary,
but at least 1 annual inspection shall be made. County
departments
shall be governed by and shall adhere to once each
year. A county department shall comply with any reasonable order
issued
by the state department. The county department may appeal
such
an order in writing, within 30 days of receipt
of same
receiving
the order, to the Michigan social welfare commission
director of the department.
(8) Any
reasonable order of the commission governing
department
for the establishment, extension,
operation, or the
closing
of an a
county infirmary or county medical
care facility
,
if circumstances so warrant, may
be enforced through by
House Bill No. 5866 as amended May 9, 2006
mandamus or injunction in the circuit court for the county where
the
facility is located through proper in proceedings instituted
by
the attorney general on behalf of the
commission department.
(9) No
A county medical care facility shall not be
opened
for operation until it has been inspected and approved in writing
to
the state department by the state fire marshal bureau of
fire services created in section 1b of the fire protection code,
1941
PA 207, MCL 29.1b, and the state
department of community
health. commissioner.
The county department shall abide
by
comply
with any reasonable directive issued by
the state fire
marshal
bureau of fire services or the state department of
community
health commissioner with
regard to the fire safety and
sanitation
of said institution. Said directives the county
infirmary or county medical care facility. A directive may be
enforced
by the social welfare commission department in the same
manner
as are orders of the commission. Upon receipt of
department.
After receiving the approval of the state
department,
the
county department shall thereafter represent such
the
facility to the public as the county medical care facility and
shall
make reasonable and continuing effort to divorce such the
facility from an association in the public mind with the words
"poor
house" or "poor farm".
."
<<Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are enacted
into law:
(a) Senate Bill No. 1133.
(b) House Bill No. 5860.>>