NURSING HOME: REPORT OF ABUSE S.B. 462 (S-2): FLOOR SUMMARY
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Senate Bill 462 (Substitute S-2 as reported)
Sponsor: Senator Steven Bieda
Committee: Families, Seniors, and Human Services

CONTENT
The bill would amend Part 217 (Nursing Homes) of the Public Health Code to do the following:

-- Require a nursing home employee who had reasonable suspicion of the abuse, mistreatment, or harmful neglect of a patient and reported the matter to the nursing home administrator or nursing director also to report to the Department of Licensing and Regulatory Affairs (LARA).
-- Require a nursing home administrator or nursing director, and a physician or other licensed health care personnel of a hospital, who had reasonable suspicion of the abuse, mistreatment, or harmful neglect of a patient to report to one or more law enforcement agencies, in addition to LARA.
-- Include nursing home employees in a provision prohibiting a licensee or nursing home administrator from retaliating against someone who made a report described above.
-- Delete a requirement that LARA notify the Department of Human Services when a nursing home administrator or nursing director reports a matter described above to LARA.


Also, under the bill, an individual required to report a reasonable suspicion would have to report it as follows:

-- Immediately, but not more than two hours after forming the suspicion, if the act resulted in serious bodily injury to the patient.
-- Not more than 24 hours after forming the suspicion, if the act did not result in serious bodily injury.


An individual would not be required to report an act or suspicion if he or she knew that another person already had done so.


MCL 333.21771 Legislative Analyst: Patrick Affholter

FISCAL IMPACT
The bill would have no fiscal impact on State or local government.


Date Completed: 10-20-11 Fiscal Analyst: Josh Sefton

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb462/1112