SENATE BILL No. 787

 

 

November 1, 2011, Introduced by Senators NOFS, PAPPAGEORGE, BOOHER, GREGORY, JONES, PROOS, ROCCA, EMMONS, CASPERSON, JANSEN and MARLEAU and referred to the Committee on Health Policy.

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 21313 (MCL 333.21313), as amended by 2010 PA

 

381.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 21313. (1) The owner, operator, and governing body of a

 

home for the aged are responsible for all phases of the operation

 

of the home and shall assure that the home maintains an organized

 

program to provide room and board, protection, supervision,

 

assistance, and supervised personal care for its residents.

 

     (2) The owner, operator, and governing body shall assure the

 

availability of emergency medical care required by a resident.

 

     (3) The owner, operator, or member of the governing body of a

 

home for the aged and the authorized representative shall be of

 

good moral character.


 

     (4) The department of human services shall not issue a license

 

to or renew the license of an owner, operator, or member of the

 

governing body, who has regular direct access to residents or who

 

has on-site facility operational responsibilities, or an applicant,

 

if an individual or the authorized representative, if any of those

 

individuals have been convicted of 1 or more of the following:

 

     (a) A felony under this act or under chapter XXA of the

 

Michigan penal code, 1931 PA 328, MCL 750.145m to 750.145r.

 

     (b) A misdemeanor under this act or under chapter XXA of the

 

Michigan penal code, 1931 PA 328, MCL 750.145m to 750.145r, within

 

the 10 years immediately preceding the application.

 

     (c) A misdemeanor involving abuse, neglect, assault, battery,

 

or criminal sexual conduct or involving fraud or theft against a

 

vulnerable adult as that term is defined in section 145m of the

 

Michigan penal code, 1931 PA 328, MCL 750.145m, or a state or

 

federal crime that is substantially similar to a misdemeanor

 

described in this subdivision within the 10 years immediately

 

preceding the application.

 

     (5) The applicant for a license for a home for the aged, if an

 

individual, shall give written consent at the time of license

 

application for the department of state police to conduct a

 

criminal history check and criminal records check. The authorized

 

representative shall give written consent at the time of

 

appointment for the department of state police to conduct a

 

criminal history check and criminal records check.

 

     (6) An owner, operator, or member of the governing body who

 

has regular direct access to residents or who has on-site facility


 

operational responsibilities for a home for the aged shall give

 

written consent at the time of license application for the

 

department of state police to conduct a criminal history check and

 

criminal records check.

 

     (5) Each person applying for a license to operate a home for

 

the aged shall, at the time of the license application, give

 

written consent for the department of state police to conduct both

 

of the following on the applicant:

 

     (a) A criminal history check.

 

     (b) A criminal records check through the federal bureau of

 

investigation.

 

     (6) Unless already submitted under subsection (5), if an

 

organization applies for or applies to renew a license for a home

 

for the aged, the department of human services shall request that

 

the department of state police conduct a criminal history check and

 

criminal records check described in subsection (5). The department

 

of human services shall require the owner, operator, or member of

 

the governing body who has on-site operational responsibilities to

 

submit his or her fingerprints to the department of state police

 

for the criminal history check and criminal records check described

 

in subsection (5).

 

     (7) Not later than 1 year after the effective date of the 2010

 

2011 amendatory act that added amended this subsection, all owners,

 

operators, and members of the governing body of homes for the aged

 

who have regular direct access to residents or who have on-site

 

facility operational responsibilities and all authorized

 

representatives shall comply with the requirements of this section.


 

     (8) The department of human services shall request a criminal

 

history check and criminal records check in the manner prescribed

 

by the department of state police. The department of state police

 

shall conduct the criminal history check and provide a report of

 

the results to the licensing or regulatory bureau of the department

 

of human services. The report shall contain any criminal history

 

information on the person maintained by the department of state

 

police and the results of the criminal records check from the

 

federal bureau of investigation. The department of state police may

 

charge the person on whom the criminal history check and criminal

 

records check are performed under this section a fee for the checks

 

required under this section that does not exceed the actual cost

 

and reasonable cost of conducting the checks.

 

     (9) Beginning the effective date of the 2011 amendatory act

 

that added this subsection, if an applicant or licensee designee or

 

person described in subsection (6) applies for a license or to

 

renew a license to operate a home for the aged and he or she or the

 

licensee designee previously underwent a criminal history check and

 

criminal records check required under subsection (5) or (6) or

 

under section 134a of the mental health code, 1974 PA 258, MCL

 

330.1134a, and has remained continuously licensed or continuously

 

employed under section 20173a or under section 34b of the adult

 

foster care facility licensing act, 1979 PA 218, MCL 400.734b,

 

after the criminal history check and criminal records check have

 

been performed, that person is not required to submit to another

 

criminal history check or criminal records check upon renewal of

 

the license obtained under this section.


 

     (10) (9) The department of state police shall store and

 

maintain all fingerprints submitted under this act in an automated

 

fingerprint identification system database that provides for an

 

automatic notification at the time a subsequent criminal arrest

 

fingerprint card submitted into the system matches a set of

 

fingerprints previously submitted in accordance with this act. At

 

the time of that notification, the department of state police shall

 

immediately notify the department of human services. The department

 

of human services shall take the appropriate action upon

 

notification by the department of state police under this

 

subsection.

 

     (11) (10) An applicant, owner, operator, member of a governing

 

body, or authorized representative of a home for the aged shall not

 

be present in a home for the aged if he or she has been convicted

 

of either of the following:

 

     (a) Vulnerable adult abuse, neglect, or financial

 

exploitation.

 

     (b) A listed offense as defined in section 2 of the sex

 

offenders registration act, 1994 PA 295, MCL 28.722.