November 10, 2016, Introduced by Senator HOPGOOD and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 21720a (MCL 333.21720a).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
21720a. (1) A The
department shall not license a nursing
home
shall not be licensed under this part unless that the nursing
home has on its staff at least 1 registered nurse with specialized
training
or relevant experience in the area of gerontology , who
shall
serve serves as the director of nursing and who shall be is
responsible for planning and directing nursing care. The nursing
home shall have at least 1 licensed nurse on duty at all times and
shall employ additional registered and licensed practical nurses
and
certified nurse aides in accordance
with subsection (2). This
subsection
shall not take effect until January 1, 1980.this
section.
(2) A nursing home shall employ nursing care personnel and
certified nurse aides sufficient to provide continuous 24-hour
nursing care and services sufficient to meet the needs of each
patient in the nursing home. Nursing care personnel and certified
nurse aides who are employed in the nursing home shall be under the
supervision of the director of nursing described in subsection (1).
(3) A licensee shall maintain a nursing home staff sufficient
to provide not less than 2.25 hours of nursing care by employed
nursing care personnel per patient per day. The ratio of patients
to nursing care personnel during a morning shift shall not exceed 8
patients to 1 nursing care personnel; the ratio of patients to
nursing care personnel during an afternoon shift shall not exceed
12 patients to 1 nursing care personnel; and the ratio of patients
to nursing care personnel during a nighttime shift shall not exceed
15 patients to 1 nursing care personnel, and there shall be
sufficient
nursing care personnel available on duty to assure
ensure
coverage for patients at all times
during the shift. An
employee
Nursing care personnel who
are designated as a member
members
of the nursing staff shall not be
engaged in providing
provide
basic services, such
as including, but not limited
to, food
preparation, housekeeping, laundry, or maintenance services, except
in
an instance of a natural disaster or other emergency reported to
and concurred in by the department. In a nursing home having 30 or
more beds, the director of nursing described in subsection (1)
shall not be included in counting the minimum ratios of nursing
care personnel required by this subsection.
(4) A licensee shall maintain a nursing home staff sufficient
to provide not fewer than 2.25 hours of nursing care by employed
certified nurse aides per patient per day. The ratio of patients to
certified nurse aides during a morning shift shall not exceed 6
patients to 1 certified nurse aide; the ratio of patients to
certified nurse aides during an afternoon shift shall not exceed 8
patients to 1 certified nurse aide; and the ratio of patients to
certified nurse aides during a nighttime shift shall not exceed 12
patients to 1 certified nurse aide, and there shall be sufficient
certified nurse aides available on duty to ensure coverage for
patients at all times during the shift. A certified nurse aide who
is designated as a member of the nursing staff shall not provide
basic services, including, but not limited to, food preparation,
housekeeping, laundry, or maintenance services, except in a natural
disaster or other emergency reported to and concurred in by the
department. In a nursing home having 30 or more beds, the director
of nursing described in subsection (1) shall not be included in
counting the minimum ratios of certified nurse aides required by
this subsection.
(5) (3)
In administering this section, the
department shall
take
into consideration consider a natural disaster or other
emergency.
(6) As used in this section, "certified nurse aide" means an
individual who provides nursing or nursing related services to
residents of a nursing home and who is not a health professional
licensed under article 15, a registered dietician, or someone who
volunteers to provide those services without pay.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.