SENATE BILL No. 762

 

 

September 20, 2005, Introduced by Senators BERNERO, OLSHOVE, GEORGE, SCOTT, PRUSI, GOSCHKA, BARCIA, JACOBS, LELAND, SCHAUER and CLARKE and referred to the Committee on Health Policy.

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 20198 and 21799c (MCL 333.20198 and

 

333.21799c), section 20198 as added by 1998 PA 270 and section

 

21799c as amended by 1996 PA 546.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 20198. (1) Subject to subsection (3), an individual shall

 

not enter upon the premises of a health facility or agency that is

 

an inpatient facility, an outpatient facility, or a residential

 

facility for the purpose of engaging in an activity that would

 

cause a reasonable person to feel terrorized, frightened,

 

intimidated, threatened, harassed, or molested and that actually

 

causes a health facility or agency employee, patient, resident, or

 

visitor to feel terrorized, frightened, intimidated, threatened,


 

harassed, or molested. This subsection does not prohibit

 

constitutionally protected activity or conduct that serves a

 

legitimate purpose.

 

     (2) An individual who violates subsection (1) is guilty of a

 

misdemeanor, punishable by imprisonment for not more than 1 year or

 

a fine of not less than $1,000.00 or more than $10,000.00, or both.

 

     (3) Subsections (1) and (2) do not apply to a nursing home

 

covered under sections 21763(5) and  21799c(1)(c)  21799c(1)(d).

 

     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  or more than $10,000.00, or both:

 

     (a) Section 21711.

 

     (b) Section 21712.

 

     (c) Section 21713(b).

 

     (d)  (c)  Section 21763(5).

 

     (e)  (d)  Section 21765a(1) or (2).

 

     (f)  (e)  Section 21771(1) or (6).

 

     (g)  (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  subsection (4), 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  

 

$500.00, 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  $2,500.00.

 

     (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  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).

 

     (7) If the department determines that a licensee or

 

administrator is in violation of this part, a rule promulgated

 

under this part, or a federal law or regulation, the department

 

shall assess an administrative fine up to the following amounts for

 

each violation or each day that a violation continues:

 

     (a) For a first violation, $100.00.


 

     (b) For a second violation that occurs within 1 year of a

 

prior violation, $250.00.

 

     (c) For a third or subsequent violation that occurs within 1

 

year of 2 or more violations, $500.00.