January 29, 2003, Introduced by Rep. Woronchak and referred to the Committee on Senior
Health, Security and Retirement.
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
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 in
6 consultation with in
consultation with the department of commerce
7 and appropriate
professional associations consumer
and industry
8 services.
9 (2) The department
of public health consumer and industry
10 services shall print the pamphlets required under subsection (1)
11 in languages that are appropriate to the ethnic composition of
12 the patient population where the pamphlet will be displayed. The
13 department shall also print the pamphlet in large, easily
14 readable type and in nontechnical, easily understood language.
15 The department shall periodically distribute copies of the
16 pamphlet to each health facility or agency and to each unlicensed
17 health facility described in subsection (1).
18 (3) The department of consumer and industry services shall
19 include a model standardized complaint form in the pamphlet
20 described in subsection (1). The department may develop a
21 separate model standardized complaint form that is specific to a
22 particular health facility or agency or category of health
23 facilities and agencies. The department shall develop a model
24 standardized complaint form that is specific to nursing homes.
25 The department shall include on the model standardized complaint
26 form, at a minimum, simple instructions on how to file a
27 complaint, including with the department, the state long-term
1 care ombudsman, the Michigan protection and advocacy service, and
2 the health care fraud unit of the department of attorney
3 general. The department shall distribute copies of the model
4 standardized complaint form simultaneously with copies of the
5 pamphlet as required under subsection (2). The nursing home
6 shall conspicuously display and make available multiple copies of
7 the model standardized complaint form next to the pamphlet in the
8 patient waiting areas or other common areas of the nursing home
9 that are easily accessible to nursing home patients and their
10 visitors, as described in subsection (1). The department shall
11 include on the model standardized complaint form a telephone
12 number for the receipt of oral complaints.
13 Sec. 21799a. (1) A person who believes that this part, a
14 rule promulgated under this part, or a federal certification
15 regulation applying to a nursing home may have been violated may
16 request an investigation of a nursing home. The person shall
17 submit the request shall
be submitted for investigation to the
18 department of consumer and industry services as a written
19 complaint, or the department shall assist the person in reducing
20 an oral request to a written complaint within 7 days after the
21 oral request is made. A person filing a complaint under this
22 subsection may file the complaint on a model standardized
23 complaint form developed and distributed by the department under
24 section 20194(3).
25 (2) The substance of the
a complaint filed under
26 subsection (1) shall be provided to the licensee no earlier than
27 at the commencement of the on-site inspection of the nursing home
1 which that takes place pursuant to the complaint.
2 (3) The A
complaint filed under subsection (1), a copy of
3 the complaint, or a record published, released, or otherwise
4 disclosed to the nursing home shall not disclose the name of the
5 complainant or a patient named in the complaint unless the
6 complainant or patient consents in writing to the disclosure or
7 the investigation results in an administrative hearing or a
8 judicial proceeding, or unless disclosure is considered essential
9 to the investigation by the department of consumer and industry
10 services. If the
department considers disclosure is considered
11 essential to the investigation, the department shall give the
12 complainant shall be
given the opportunity to withdraw the
13 complaint before disclosure.
14 (4) Upon receipt of a complaint under subsection (1), the
15 department of consumer and industry services shall determine,
16 based on the allegations presented, whether this part, a rule
17 promulgated under this part, or a federal certification
18 regulation for nursing homes has been, is, or is in danger of
19 being violated. The department shall investigate the complaint
20 according to the urgency determined by the department. The
21 initiation of a complaint investigation shall commence within 15
22 days after receipt of the written complaint by the department.
23 (5) If, at any time, the department of consumer and industry
24 services determines that this part, a rule promulgated under this
25 part, or a federal certification regulation for nursing homes has
26 been violated, the department shall list the violation and the
27 provisions violated on the state and federal licensure and
1 certification forms for nursing homes. The department shall
2 consider the violations,
shall be considered, as evidenced by a
3 written explanation, by
the department when it makes a
4 licensure and certification decision or recommendation.
5 (6) In all cases, the department of consumer and industry
6 services shall inform the complainant of its findings unless
7 otherwise indicated by the complainant. Within 30 days after
8 the receipt of the complaint, the department shall
provide the
9 complainant a copy, if any, of the written determination, the
10 correction notice, the warning notice, and the state licensure or
11 federal certification form, or both, on which the violation is
12 listed, or a status report indicating when these documents may be
13 expected. The department shall include in the final report
14 shall include a copy of the original complaint. The
15 complainant may request additional copies of the documents
16 listed described in this subsection and upon
receipt shall
17 reimburse the department
for the copies in accord accordance
18 with established policies and procedures.
19 (7) A The
department of consumer and industry services
20 shall make a written determination, correction notice, or warning
21 notice concerning a
complaint shall be available for public
22 inspection, but the department shall not disclose the name of the
23 complainant or patient shall
not be disclosed without the
24 complainant's or patient's consent.
25 (8) A The
department of consumer and industry services
26 shall report a violation discovered as a result of the complaint
27 investigation procedure shall
be reported to persons
1 administering sections 21799c to 21799e. The department shall
2 assess a penalty for a
violation, shall be assessed a penalty
3 as described in prescribed
by this act article.
4 (9) A complainant who is dissatisfied with the determination
5 or investigation by the department of consumer and industry
6 services may request a hearing. A complainant shall submit a
7 request for a hearing shall
be submitted in writing to the
8 director within 30 days after the mailing of the department's
9 findings as described in
subsection (6). Notice The department
10 shall send notice of the
time and place of the hearing shall be
11 sent to the complainant and the nursing home.