February 27, 2014, Introduced by Rep. Haines and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 20109 and 21715 (MCL 333.20109 and 333.21715),
section 20109 as amended by 1996 PA 224.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20109. (1) "Nursing home" means a nursing care facility,
including a county medical care facility, that provides organized
nursing care and medical treatment to 7 or more unrelated
individuals suffering or recovering from illness, injury, or
infirmity. As used in this subsection, "medical treatment" includes
treatment by an employee or independent contractor of the nursing
home who is an individual licensed or otherwise authorized to
engage in a health profession under article 15. Nursing home does
not
include a any of the
following:
(a)
A unit in a state correctional
facility. Nursing home does
not
include 1 or more of the following:
(b) (a)
A hospital.
(c) (b)
A veterans facility created under Act
No. 152 of the
Public
Acts of 1885, being sections 1885
PA 152, MCL 36.1 to 36.12.
of
the Michigan Compiled Laws.
(d) (c)
A hospice residence that is
licensed under this
article.
(e) (d)
A hospice that is certified under
42 C.F.R. CFR
418.100.
(2)
"Person" means a person that term as defined in
section
1106 or a governmental entity.
(3) "Public member" means a member of the general public who
is not a provider; who does not have an ownership interest in or
contractual relationship with a nursing home other than a patient
contract; who does not have a contractual relationship with a
person who does substantial business with a nursing home; and who
is not the spouse, parent, sibling, or child of an individual who
has an ownership interest in or contractual relationship with a
nursing home, other than a patient contract.
(4) "Skilled nursing facility" means a hospital long-term care
unit, nursing home, county medical care facility, or other nursing
care facility, or a distinct part thereof, certified by the
department to provide skilled nursing care.
Sec.
21715. (1) A nursing home shall provide
:
(a)
A program of planned and continuing nursing care under the
charge
of a registered nurse in a skilled facility and a licensed
practical
nurse with a registered nurse consultant in an
intermediate
care facility. This subdivision shall expire December
31,
1979.
(b)
A a program of planned and continuing medical nursing care
and medical treatment under the charge of physicians. A nursing
home, regardless of its status as a legal entity, may employ or
contract with an individual licensed or otherwise authorized to
engage in a health profession under article 15 to provide the
program of planned and continuing nursing care and medical
treatment under this subsection, which care and treatment include
direct clinical services to patients.
(2)
Nursing A nursing home
shall provide nursing care and
medical
care shall consist treatment
that consist of services given
to
individuals patients who are subject to prolonged suffering from
illness
or injury or who are recovering from illness or injury. The
services
shall be A nursing home shall
provide the care and
treatment within the ability of the nursing home to provide and
shall
include the functions of medical care such as treatment
including the diagnosis and treatment of an illness; nursing care
via assessment, planning, and implementation; evaluation of a
patient's health care needs; and the carrying out of required
treatment prescribed by a physician.