February 19, 2003, Introduced by Reps. Anderson, Vagnozzi, Jamnick, Minore, Brown, Hopgood and Woodward 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 21751 and 21786 (MCL 333.21751 and
333.21786).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 21751. (1) When the department has concluded a
2 proceeding under sections 71 to 106 of the administrative
3 procedures act of 1969, as
amended, being sections 24.271 to
4 24.306 of the Michigan
Compiled Laws MCL 24.271 to
24.306, or
5 when if the department has suspended or revoked the
license of
6 a nursing home, the
department, a patient in the facility
7 nursing home, or a patient's representative may file an emergency
8 petition with the circuit court to place the nursing home under
9 the control of a receiver if necessary to protect the health or
10 safety of patients in the nursing home. The court may grant the
1 petition upon a finding that the health or safety of the patients
2 in the nursing home would be seriously threatened if a condition
3 existing at the time the petition was filed is permitted to
4 continue.
5 (2) The If
a petition is filed under subsection (1), the
6 court shall appoint as
receiver the director of the department
7 of social services family independence agency, the director of
8 the department of public
health consumer and industry services,
9 or another state agency or person designated by the director of
10 public health the department of consumer and industry
11 services. The receiver appointed by the court shall use the
12 income and assets of the nursing home and, except as otherwise
13 provided by law, the personal income and assets of each owner of
14 the nursing home to maintain and operate the nursing home and to
15 attempt to correct the
conditions which that constitute a
16 threat to the patients in
the nursing home. A The receiver
17 shall not make a major
structural alteration shall not be made
18 to the nursing home, unless the alteration is necessary to bring
19 the nursing home into compliance with licensing requirements.
20 (3) To assist in the implementation of the mandate of the
21 court, the receiver appointed under subsection (2) may request
22 and receive reasonable consultation from the available personnel
23 of the department.
24 (4) The court
shall terminate a receivership shall be
25 terminated ordered under this section when the receiver
and the
26 court certify that the
conditions which that prompted the
27 appointment of the receiver have been corrected, when the nursing
1 home's license is restored, when a new license is issued, or, in
2 the case of a discontinuance of operation of the nursing home,
3 when the patients are safely placed in other facilities,
4 whichever occurs first.
5 (5) Upon the termination of the receivership, the receiver
6 shall render a complete accounting to the court and shall dispose
7 of surplus funds as the court directs.
8 Sec. 21786. (1) In the case of an emergency closing of a
9 nursing home, or when
it is determined by if the department
10 determines that a nursing home is suddenly no longer able to
11 provide adequate patient care, the department shall do both of
12 the following:
13 (a) Assure that the department
of social services family
14 independence agency has been notified to make arrangements for
15 the orderly and safe discharge and transfer of the nursing home's
16 patients to another facility.
17 (b) Place a
representative of the department in a facility
18 the nursing home on a daily basis to do each of the following:
19 (i) Monitor the discharge and transfer of patients to other
20 facilities or locations.
21 (ii) Ensure that the rights of patients are protected.
22 (iii) Discuss the discharge and relocation with each patient
23 and next of kin or legal guardian, person, or agency responsible
24 for the patient's placement, maintenance, and care in the
25 facility nursing home. The department
representative shall
26 produce a written summary of the content of the each
27 explanation and
discussion shall be summarized in writing and
1 shall be made make
the written summary a part of the patient's
2 clinical record.
3 (2) If the department determines that a nursing home is no
4 longer able to provide adequate patient care and orders the
5 nursing home to discontinue operation, or if the department
6 revokes a nursing home's license and as a result the nursing home
7 discontinues operation, the department shall file a petition with
8 the circuit court under this subsection. The department shall
9 petition the court for an order freezing the assets and income of
10 the nursing home and the personal assets and income of each owner
11 of the nursing home. The department shall further petition the
12 court for an order allowing the department to use those assets
13 and income to pay the cost of discharging and transferring the
14 nursing home's patients as described in this section and other
15 costs incurred by the department under this section.