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).