HOUSE BILL No. 5931

 

March 30, 2006, Introduced by Reps. Polidori, Zelenko, Wojno, Plakas, Donigan, Vagnozzi, Sheltrown, LaJoy, Meisner, Hood, Farrah, Gonzales, Tobocman, Leland, Lemmons, Jr., Jones, Gleason, Gillard, Kathleen Law, Alma Smith, Hopgood, Williams, Bennett, Condino, Miller, Garfield and Lemmons, III and referred to the Committee on Senior Health, Security, and Retirement.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 21799c (MCL 333.21799c), as amended by 1996 PA

 

546.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 21799c. (1) A person who violates 1 of the following

 

sections is guilty of a misdemeanor, punishable by imprisonment for

 

not more than 1 year or a fine of not less than $1,000.00, nor more

 

than $10,000.00, or both:

 

     (a) Section 21711.

 

     (b) Section 21712.

 

     (c) Section 21763(5).

 


     (d) Section 21765a(1) or (2).

 

     (e) Section 21771(1) or (6).

 

     (f) Section 21791.

 

     (2) A person who violates section 21765a(1) or (2) is liable

 

to an applicant or patient in a civil action for treble the amount

 

of actual damages or $1,000.00, whichever is greater, together with

 

costs and reasonable attorney fees.

 

     (3) For the purpose of computing administrative penalties

 

under this section, the number of patients per day is based on the

 

average number of patients in the nursing home during the 30 days

 

immediately preceding the discovery of the violation.

 

     (4) If the department finds a violation of section 20201 as to

 

a particular nursing home patient, the department shall issue an

 

order requiring the nursing home to pay to the patient  $100.00  

 

$1,000.00, or to reimburse the patient for costs incurred or

 

injuries sustained as a result of the violation, whichever is

 

greater. The department also shall assess the nursing home an

 

administrative penalty that is the lesser of the following:

 

     (a) Not more than $1,500.00.

 

     (b) $15.00 per patient bed.

 

     (5) The department of community health shall promulgate rules

 

for a quality of care allowance formula that is consistent with the

 

recommendations of the fiscal incentives subcommittee to the

 

committee on nursing home reimbursement established  pursuant to

 

Act No. 241 of the Public Acts of 1975  in accordance with 1975 PA

 

241, as described in the November 24, 1975 interim report, in the

 

December 3, 1975 final report, and the November 24, 1976 report of

 


the committee recommending appropriate changes in the procedures

 

utilized.

 

     (6) The department shall not assess an administrative penalty

 

under subsection (4) for a violation of this part for which a

 

nursing home's reimbursement is withheld under subsection (5).