NURSING HOME RESIDENT REPRESENTATIVE
House Bill 4195
Sponsor: Rep. Bruce Patterson
Committee: Senior Health, Security and Retirement
Complete to 2-19-01
A SUMMARY OF HOUSE BILL 4195 AS INTRODUCED 2-13-01
The bill would amend the Public Health Code to require a nursing home to designate an individual to serve as a resident representative. A resident representative would act as a liaison between a nursing home and a resident or his or her surrogate decision maker to resolve complaints or to respond to inquiries or requests on an informal basis. One or more current employees of a nursing home could be designated as a resident representative. A resident representative would have to be on duty and on site not less than 24 hours per day, seven days a week. As long as that requirement were met, if, in an emergency, a resident representative could not perform his or her duties, a nursing home could designate another employee to act as a temporary resident representative until such time as the resident representative could resume his or her duties. A resident representative would have to respond to an inquiry from a resident or surrogate decision maker in a timely manner and to a complaint in accordance with departmental rules (R 325.20113 of the Michigan Administrative Code, which requires a nursing home to adopt a written procedure for the investigation and resolution of complaints). In addition, the name and work hours of each resident representative for that day would have to be posted and the resident representative would have to wear an identification badge.
To assist the nursing home resident representative in performing his or her duties, the Department of Consumer and Industry Services (CIS) would have to post the following information on its Internet web site:
· links to federal and state regulations and rules governing the nursing home industry;
· any scheduled training sessions concerning nursing home or elderly care issues sponsored by CIS;
· a list of long-term care contact phone numbers that would have to include the CIS 24-hour hotline, the CIS nursing home licensing division, any commonly known nursing home provider groups, the state long-term care ombudsman, and any commonly known nursing home patient care advocacy groups;
· information on the availability of e-mail access to file complaints concerning nursing home violations directly with the CIS; and
· any other information that the CIS believes would be helpful to a resident representative in responding to complaints, requests, and inquiries of nursing home residents or their surrogate decision makers.
MCL 333.21723
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This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.