NURSING HOMES: STANDARDIZED COMPLAINT FORM

House Bill 4079

Sponsor: Rep. Gary Woronchak

Committee: Senior Health, Security and Retirement

Complete to 2-25-03

A SUMMARY OF HOUSE BILL 4079 AS INTRODUCED 1-29-03

Under the Public Health Code, health facilities and agencies are required to conspicuously display in patient waiting areas copies of a pamphlet provided by the Department of Consumer and Industry Services outlining the procedure for filing a complaint with the department against a health facility or against a licensed health professional employed by a health facility. The law requires the department to print the pamphlet in languages that are appropriate to the ethnic composition of the patient population in the vicinity.

The bill would amend these provisions to require that the pamphlet also be printed in large, easily readable type and in nontechnical, easily understood language, and to require the department to periodically distribute copies of the pamphlet to each health facility or agency and to each unlicensed health facility.

In addition, the bill would require the department to include in the pamphlet a model standardized complaint form. The department could also develop a separate model standardized complaint form that is specific to the type of health facility or agency, or the category of health facilities or agencies.

The bill would specifically require the department to develop a model standardized complaint form for nursing homes. This model form would have to include, at a minimum, simple instructions on how to file a complaint with the department, and with the state long-term care ombudsman, the Michigan Protection and Advocacy Service, and the health care fraud unit of the Department of Attorney General. The complaint form would also have to include a telephone number for making oral complaints. The department would be required to distribute copies of the model standardized complaint form simultaneously with copies of the required pamphlet. A nursing home would have to conspicuously display and make available multiple copies of the model standardized complaint form next to the pamphlet in patient waiting areas or other common areas of the nursing home that are easily accessible to patients and visitors.

The bill would also add language to provisions governing the filing of complaints that specifically permits the use of the model standardized complaint form for filing a complaint.

Finally, the bill would replace outdated references to the former Department of Public Health with references to the Department of Consumer and Industry Services.

MCL 333.20194 and 333.21799a

Analyst: D. Martens

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This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.