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.