SENATE BILL NO. 790
October 6, 1999, Introduced by Senator HART and referred to the Committee on Health Policy. A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20194 and 21799a (MCL 333.20194 and 333.21799a), section 20194 as added by 1993 PA 79. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 20194. (1) A SUBJECT TO SUBSECTIONS (2) AND (3), A 2 health facility or agency, except a health facility or agency 3 licensed under part 209, and including a health facility that is 4 not licensed under this article but holds itself out as providing 5 medical services, shall conspicuously display in the patient 6 waiting areas or other common areas of the health facility or 7 agency copies of a pamphlet provided by the department of public 8 health CONSUMER AND INDUSTRY SERVICES outlining the procedure 9 for filing a complaint against a health facility or agency with 10 the department of public health and the procedure for filing a 03147'99 CPD 2 1 complaint with the department of commerce against a person AN 2 INDIVIDUAL who is licensed or registered under article 15 AND 3 employed by, under contract to, or granted privileges by the 4 health facility or agency. The pamphlet shall be prepared 5 DEVELOPED AND DISTRIBUTED by the department of public health 6 CONSUMER AND INDUSTRY SERVICES in consultation with the depart- 7 ment of commerce and appropriate professional associations. 8 (2) The department of public health CONSUMER AND INDUSTRY 9 SERVICES shall print the pamphlets REQUIRED UNDER SUBSECTION (1) 10 in languages that are appropriate to the ethnic composition of 11 the patient population where the pamphlet will be displayed. THE 12 DEPARTMENT SHALL PERIODICALLY DISTRIBUTE COPIES OF THE PAMPHLET 13 TO EACH HEALTH FACILITY OR AGENCY AND TO EACH UNLICENSED HEALTH 14 FACILITY DESCRIBED IN SUBSECTION (1). 15 (3) THE DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES SHALL 16 INCLUDE A MODEL, STANDARDIZED COMPLAINT FORM IN THE PAMPHLET 17 DESCRIBED IN SUBSECTION (1). THE DEPARTMENT MAY DEVELOP A SEPA- 18 RATE MODEL, STANDARDIZED COMPLAINT FORM THAT IS SPECIFIC TO A 19 PARTICULAR HEALTH FACILITY OR AGENCY OR CATEGORY OF HEALTH FACIL- 20 ITIES AND AGENCIES. 21 Sec. 21799a. (1) A person who believes that this part, a 22 rule promulgated under this part, or a federal certification reg- 23 ulation applying to a nursing home may have been violated may 24 request an investigation of a nursing home. The PERSON SHALL 25 SUBMIT THE request shall be submitted to the department OF CON- 26 SUMER AND INDUSTRY SERVICES as a written complaint, or the 27 department shall assist the person in reducing an oral request to 03147'99 3 1 a written complaint within 7 days after the oral request is 2 made. A PERSON FILING A COMPLAINT UNDER THIS SUBSECTION MAY FILE 3 THE COMPLAINT ON A MODEL COMPLAINT FORM CONTAINED IN THE PAMPHLET 4 DEVELOPED AND DISTRIBUTED BY THE DEPARTMENT UNDER SECTION 20194. 5 (2) The substance of the A complaint FILED UNDER SUBSEC- 6 TION (1) shall be provided to the licensee no earlier than at the 7 commencement of the on-site inspection of the nursing home 8 which THAT takes place pursuant to the complaint. 9 (3) The A complaint FILED UNDER SUBSECTION (1), a copy of 10 the complaint, or a record published, released, or otherwise dis- 11 closed to the nursing home shall not disclose the name of the 12 complainant or a patient named in the complaint unless the com- 13 plainant or patient consents in writing to the disclosure or the 14 investigation results in an administrative hearing or a judicial 15 proceeding, or unless disclosure is considered essential to the 16 investigation by the department OF CONSUMER AND INDUSTRY 17 SERVICES. If disclosure is considered essential to the investi- 18 gation, the DEPARTMENT SHALL GIVE THE complainant shall be 19 given the opportunity to withdraw the complaint before 20 disclosure. 21 (4) Upon receipt of a complaint UNDER SUBSECTION (1), the 22 department OF CONSUMER AND INDUSTRY SERVICES shall determine, 23 based on the allegations presented, whether this part, a rule 24 promulgated under this part, or a federal certification regula- 25 tion for nursing homes has been, is, or is in danger of being 26 violated. The department shall investigate the complaint 27 according to the urgency determined by the department. The 03147'99 4 1 initiation of a complaint investigation shall commence within 15 2 days after receipt of the written complaint by the department. 3 (5) If, at any time, the department OF CONSUMER AND INDUSTRY 4 SERVICES determines that this part, a rule promulgated under this 5 part, or a federal certification regulation for nursing homes has 6 been violated, the department shall list the violation and the 7 provisions violated on the state and federal licensure and certi- 8 fication forms for nursing homes. The violations shall be con- 9 sidered, as evidenced by a written explanation, by the department 10 when it makes a licensure and certification decision or 11 recommendation. 12 (6) In all cases, the department OF CONSUMER AND INDUSTRY 13 SERVICES shall inform the complainant of its findings unless oth- 14 erwise indicated by the complainant. Within 30 days after the 15 receipt of complaint, the department shall provide the complain- 16 ant a copy, if any, of the written determination, the correction 17 notice, the warning notice, and the state licensure or federal 18 certification form, or both, on which the violation is listed, or 19 a status report indicating when these documents may be expected. 20 The DEPARTMENT SHALL INCLUDE IN THE final report shall include 21 a copy of the original complaint. The complainant may request 22 additional copies of the documents listed in this subsection and 23 shall reimburse the department for the copies in accord with 24 established policies and procedures. 25 (7) A THE DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES 26 SHALL MAKE A written determination, correction notice, or warning 27 notice concerning a complaint shall be available for public 03147'99 5 1 inspection, but the DEPARTMENT SHALL NOT DISCLOSE THE name of the 2 complainant or patient shall not be disclosed without the 3 complainant's or patient's consent. 4 (8) A THE DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES 5 SHALL REPORT A violation discovered as a result of the complaint 6 investigation procedure shall be reported to persons adminis- 7 tering sections 21799c to 21799e. The DEPARTMENT SHALL ASSESS A 8 PENALTY FOR A violation, shall be assessed a penalty as 9 described in this act ARTICLE. 10 (9) A complainant who is dissatisfied with the determination 11 or investigation by the department OF CONSUMER AND INDUSTRY 12 SERVICES may request a hearing. A COMPLAINANT SHALL SUBMIT A 13 request for a hearing shall be submitted in writing to the 14 director within 30 days after the mailing of the department's 15 findings as described in subsection (6). Notice THE DEPARTMENT 16 SHALL SEND NOTICE of the time and place of the hearing shall be 17 sent to the complainant and the nursing home. 03147'99 Final page. CPD