HOUSE BILL No. 4419

 

March 1, 2005, Introduced by Reps. Anderson, Accavitti, Williams, Bieda, Brown, Kathleen Law, Sak, Plakas, Leland, Hopgood, Vagnozzi, Zelenko, Tobocman, Gleason, Wojno and Gonzales 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:

 

     Sec. 21751. (1) When the department has concluded a proceeding

 

under sections 71 to 106 of the administrative procedures act of

 

1969,  as amended, being sections 24.271 to 24.306 of the Michigan

 

Compiled Laws  MCL 24.271 to 24.306, or  when  if the department

 

has suspended or revoked the license of a nursing home, the

 

department, a patient in the  facility  nursing home, or a

 

patient's representative may file an emergency petition with the

 


circuit court to place the nursing home under the control of a

 

receiver if necessary to protect the health or safety of patients

 

in the nursing home. The court may grant the petition upon a

 

finding that the health or safety of the patients in the nursing

 

home would be seriously threatened if a condition existing at the

 

time the petition was filed is permitted to continue.

 

     (2)  The  If a petition is filed under subsection (1), the

 

court shall appoint as receiver the director of the department of

 

social  human services, the director of the department of  public

 

community health, or another state agency or person designated by

 

the director of  public  the department of community health. The

 

receiver appointed by the court shall use the income and assets of

 

the nursing home and, except as otherwise provided by law, the

 

personal income and assets of each owner of the nursing home to

 

maintain and operate the nursing home and to attempt to correct the

 

conditions  which  that constitute a threat to the patients in the

 

nursing home.  A  The receiver shall not make a major structural

 

alteration  shall not be made  to the nursing home, unless the

 

alteration is necessary to bring the nursing home into compliance

 

with licensing requirements.

 

     (3) To assist in the implementation of the mandate of the

 

court, the receiver appointed under subsection (2) may request and

 

receive reasonable consultation from the  available personnel of  

 

within the department.

 

     (4) The court shall terminate a receivership  shall be

 

terminated  ordered under this section when the receiver and the

 

court certify that the conditions  which  that prompted the

 


appointment of the receiver have been corrected, when the nursing

 

home's license is restored, when a new license is issued, or, in

 

the case of a discontinuance of operation of the nursing home, when

 

the patients are safely placed in other facilities, whichever

 

occurs first.

 

     (5) Upon the termination of the receivership, the receiver

 

shall render a complete accounting to the court and shall dispose

 

of surplus funds as the court directs.

 

     Sec. 21786. (1) In the case of an emergency closing of a

 

nursing home, or  when it is determined by  if the department

 

determines that a nursing home is suddenly no longer able to

 

provide adequate patient care, the department shall do both of the

 

following:

 

     (a) Assure that the department of social  human services has

 

been notified to make arrangements for the orderly and safe

 

discharge and transfer of the nursing home's patients to another

 

facility.

 

     (b) Place a representative of the department in  a facility  

 

the nursing home on a daily basis to do each of the following:

 

     (i) Monitor the discharge and transfer of patients to other

 

facilities or locations.

 

     (ii) Ensure that the rights of patients are protected.

 

     (iii) Discuss the discharge and relocation with each patient and

 

next of kin or legal guardian, person, or agency responsible for

 

the patient's placement, maintenance, and care in the  facility  

 

nursing home. The department representative shall produce a written

 

summary of the content of  the  each explanation and discussion  

 


shall be summarized in writing  and shall  be made  make the

 

written summary a part of the patient's clinical record.

 

     (2) If the department determines that a nursing home is no

 

longer able to provide adequate patient care and orders the nursing

 

home to discontinue operation, or if the department revokes a

 

nursing home's license and as a result the nursing home

 

discontinues operation, the department shall file a petition with

 

the circuit court under this subsection. The department shall

 

petition the court for an order freezing the assets and income of

 

the nursing home and the personal assets and income of each owner

 

of the nursing home. The department shall further petition the

 

court for an order allowing the department to use those assets and

 

income to pay the cost of discharging and transferring the nursing

 

home's patients as described in this section and other costs

 

incurred by the department under this section.