HOUSE BILL No. 5844


     May 25, 2000, Introduced by Rep. Patterson and referred to the Committee on Senior Health, Security and Retirement.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   (MCL 333.1101 to 333.25211) by adding section 21723.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           SEC. 21723.  (1) A NURSING HOME SHALL CREATE A POSITION

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      WHICH SHALL BE KNOWN AS A RESIDENT ADVOCATE.  A RESIDENT ADVOCATE

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      SHALL ACT AS A LIAISON BETWEEN THE NURSING HOME AND EACH OF THE

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      NURSING HOME'S RESIDENTS OR, IF A RESIDENT HAS A DESIGNATED LEGAL

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      REPRESENTATIVE, BETWEEN THE NURSING HOME AND THE RESIDENT'S LEGAL

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      REPRESENTATIVE.  A NURSING HOME MAY DESIGNATE 1 OR MORE CURRENT

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      EMPLOYEES TO FULFILL THE DUTIES AND RESPONSIBILITIES AS RESIDENT

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      ADVOCATES FOR PURPOSES OF THIS SUBSECTION.

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           (2) A NURSING HOME SHALL ASSURE THAT IT HAS A RESIDENT

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      ADVOCATE ON DUTY AND ON SITE NOT LESS THAN 24 HOURS PER DAY, 7

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      DAYS A WEEK.


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           (3) AS LONG AS THE REQUIREMENTS OF SUBSECTION (2) ARE MET, A

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      RESIDENT ADVOCATE HIRED OR DESIGNATED UNDER SUBSECTION (1) MAY

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      PERFORM AT LEAST SOME OF HIS OR HER DUTIES OFF THE PREMISES OF

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      THE NURSING HOME, IF HE OR SHE IS AVAILABLE BY TELEPHONE OR

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      PAGER, OR BOTH.  A NURSING HOME SHALL GIVE THE RESIDENT

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      ADVOCATE'S TELEPHONE NUMBER OR PAGER NUMBER, OR BOTH, TO EACH

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      RESIDENT OF THE NURSING HOME OR, IF THE RESIDENT HAS A LEGAL REP-

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      RESENTATIVE, TO THE RESIDENT'S LEGAL REPRESENTATIVE.

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           (4) A RESIDENT ADVOCATE WHO RECEIVES AN ORAL COMPLAINT OR

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      QUESTION FROM A NURSING HOME RESIDENT OR THE RESIDENT'S DESIG-

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      NATED LEGAL REPRESENTATIVE SHALL LOG THE COMPLAINT OR QUESTION ON

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      A 1-PAGE WRITTEN FORM.  THE DEPARTMENT MAY DEVELOP, PUBLISH, AND

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      DISTRIBUTE A MODEL FORM FOR PURPOSES OF THIS SUBSECTION.  THE

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      FORM SHALL BE IN TRIPLICATE AND SHALL CONTAIN SPACES FOR AT LEAST

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      ALL OF THE FOLLOWING INFORMATION:

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           (A) THE NAME OF THE RESIDENT SUBMITTING THE COMPLAINT OR

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      QUESTION.  IF THE RESIDENT HAS A DESIGNATED LEGAL REPRESENTATIVE

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      WHO SUBMITS THE COMPLAINT OR QUESTION, THE FORM SHALL ALSO

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      INCLUDE SPACE FOR THE LEGAL REPRESENTATIVE'S NAME AND THE NATURE

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      OF THE LEGAL REPRESENTATION PROVIDED.

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           (B) THE ROOM NUMBER OF THE RESIDENT SUBMITTING THE COMPLAINT

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      OR QUESTION OR ON WHOSE BEHALF THE COMPLAINT OR QUESTION IS

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      SUBMITTED.

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           (C) THE NATURE OF THE COMPLAINT OR QUESTION SUBMITTED.

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           (D) IDENTIFICATION OF WHICH 1 OF THE FOLLOWING CATEGORIES

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      AND CORRESPONDING RESPONSE TIME REQUIREMENTS INTO WHICH THE

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      COMPLAINT OR QUESTION FALLS:



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           (i) AN EMERGENCY THAT REQUIRES AN IMMEDIATE RESPONSE.

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           (ii) A CRITICAL SITUATION THAT REQUIRES A REASONABLY PROMPT

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      RESPONSE.

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           (iii) A NONCRITICAL SITUATION THAT REQUIRES AN APPROPRIATELY

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      TIMELY RESPONSE.

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           (E) A PLAN OF ACTION FOR THE COMPLAINT OR QUESTION AND AN

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      ESTIMATED TIME FRAME WITHIN WHICH THE ACTION WILL OCCUR.

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           (5) A RESIDENT ADVOCATE WHO FILLS OUT A FORM UNDER SUBSEC-

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      TION (4) SHALL GIVE 1 COPY OF THE FORM TO THE RESIDENT OR LEGAL

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      REPRESENTATIVE SUBMITTING THE COMPLAINT OR QUESTION, 1 COPY TO

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      THE NURSING HOME ADMINISTRATOR OF THE NURSING HOME, AND SHALL

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      RETAIN 1 COPY.  THE RESIDENT ADVOCATE SHALL RETAIN HIS OR HER

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      COPY FOR NOT LESS THAN 1 YEAR AFTER THE COMPLAINT OR QUESTION IS

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      RESOLVED.

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           (6) A NURSING HOME SHALL ASSURE THAT A RESIDENT ADVOCATE

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      DESIGNATED OR HIRED UNDER SUBSECTION (1) IS EASILY IDENTIFIABLE

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      BY POSTING THE NAME AND WORK HOURS OF EACH RESIDENT ADVOCATE AND

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      BY REQUIRING EACH RESIDENT ADVOCATE TO WEAR AN IDENTIFICATION

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      BADGE.

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           (7) A NURSING HOME SHALL MAKE EVERY REASONABLE EFFORT TO SEE

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      THAT A PLAN OF ACTION PREPARED BY A RESIDENT ADVOCATE UNDER SUB-

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      SECTION (4)(E) IS CARRIED OUT WITHIN THE TIME FRAME SET FORTH IN

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      THE PLAN OF ACTION.











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