HOUSE BILL No. 4225 February 9, 1999, Introduced by Reps. Gieleghem, Jamnick, Cherry, Dennis, Woodward, Switalski, Lemmons, Bogardus, Wojno, DeHart, Rivet, Minore, Schauer, Prusi, Jacobs and Spade and referred to the Committee on Senior Health, Security and Retirement. A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21771 (MCL 333.21771). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 21771. (1) A licensee, nursing home administrator, 2 NURSE'S AIDE, or OTHER employee of a nursing home shall not 3physically,DO EITHER OF THE FOLLOWING: 4 (A) PHYSICALLY, mentally, or emotionally abuse, mistreat, or 5 harmfully neglect a patient. 6 (B) MISAPPROPRIATE THE PERSONAL PROPERTY OF A PATIENT. 7 (2) A nursing home employee who becomes aware of an act pro- 8 hibited by this section immediately shall report the matter to 9 the nursing home administrator or nursing director. A nursing 10 home administrator or nursing director who becomes aware of an 11 act prohibited by this section immediately shall report the 00921'99 CPD 2 1 matter by telephone to the department ofpublic healthCONSUMER 2 AND INDUSTRY SERVICES, which in turn shall notify thedepartment3of social servicesFAMILY INDEPENDENCE AGENCY. 4 (3) Any person may report a violation of this section to the 5 department. 6 (4) A physician or other licensed health carepersonnel7 PROFESSIONAL of a hospital or other healthcarefacility OR 8 AGENCY to which a patient is transferred who becomes aware of an 9 act prohibited by this section shall report the act to the 10 department. 11 (5) Upon receipt of a report made underthis section12 SUBSECTION (2), (3), OR (4), the department shallmake an13investigationINVESTIGATE, PURSUANT TO SECTION 1819(g)(1)(c) OF 14 PART A OF TITLE XVIII OF THE SOCIAL SECURITY ACT, 42 15 U.S.C. 1395i-3. THE DEPARTMENT SHALL COMMENCE THE INVESTIGATION 16 WITHIN 10 DAYS AFTER RECEIVING THE REPORT AND SHALL COMPLETE THE 17 INVESTIGATION WITHIN 30 DAYS AFTER RECEIVING THE REPORT. The 18 department may require the person making the report to submit a 19 written report or to supply additional information, or both. 20 (6) WITHIN 10 DAYS AFTER COMPLETING THE INVESTIGATION 21 REQUIRED UNDER SUBSECTION (5), THE DEPARTMENT SHALL NOTIFY IN 22 WRITING THE INDIVIDUAL ALLEGED TO HAVE VIOLATED SUBSECTION (1) AS 23 REQUIRED UNDER SECTION 1819(g)(1)(c) OF PART A OF TITLE XVIII OF 24 THE SOCIAL SECURITY ACT, 42 U.S.C. 1395i-3. THE DEPARTMENT SHALL 25 SEND A COPY OF THE NOTICE TO THE NURSING HOME INVOLVED IN THE 26 INVESTIGATION. 00921'99 3 1 (7)(6)A licensee or nursing home administrator shall not 2 evict, harass, dismiss, or retaliate against a patient, a 3 patient's representative, or an employee who makes a report under 4 this section. 5 (8) A HEARING HELD BY THE DEPARTMENT PURSUANT TO SECTION 6 1819(g)(1)(c) OF PART A OF TITLE XVIII OF THE SOCIAL SECURITY 7 ACT, 42 U.S.C. 1395i-3, SHALL BE CONDUCTED AS A CONTESTED CASE 8 HEARING UNDER CHAPTER 4 OF THE ADMINISTRATIVE PROCEDURES ACT OF 9 1969, MCL 24.271 TO 24.287. THE DEPARTMENT SHALL BE A PARTY TO 10 THE HEARING AND SHALL BE REPRESENTED BY THE DEPARTMENT OF ATTOR- 11 NEY GENERAL AT THE HEARING. THE DEPARTMENT SHALL GIVE NOTICE AND 12 AN OPPORTUNITY TO INTERVENE IN THE PROCEEDINGS TO THE NURSING 13 HOME THAT IS THE EMPLOYER OF THE INDIVIDUAL WHO IS THE SUBJECT OF 14 THE HEARING. 15 (9) WITHIN 10 DAYS AFTER THE COMPLETION OF THE HEARING 16 DESCRIBED IN SUBSECTION (8), THE DEPARTMENT SHALL NOTIFY THE 17 INDIVIDUAL WHO IS THE SUBJECT OF THE HEARING AND, IF APPLICABLE, 18 THE NURSE'S AIDE REGISTRY MAINTAINED BY THE DEPARTMENT, OF THE 19 RESULTS OF THE HEARING. 00921'99 Final page. CPD