SENATE BILL No. 573

June 26, 2001, Introduced by Senators HART, MURPHY, PETERS, LELAND, BYRUM,

DINGELL, SCOTT and YOUNG and referred to the Committee on Health Policy.

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 20194 and 21799a (MCL 333.20194 and

333.21799a), section 20194 as added by 1993 PA 79.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 20194. (1) A SUBJECT TO SUBSECTIONS (2) AND (3), A

2 health facility or agency, except a health facility or agency

3 licensed under part 209, and including a health facility that is

4 not licensed under this article but holds itself out as providing

5 medical services, shall conspicuously display in the patient

6 waiting areas or other common areas of the health facility or

7 agency copies of a pamphlet provided by the department of public

8 health CONSUMER AND INDUSTRY SERVICES outlining the procedure

9 for filing a complaint against a health facility or agency with

10 the department of public health and the procedure for filing a

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1 complaint with the department of commerce against a person AN

2 INDIVIDUAL who is licensed or registered under article 15 AND

3 employed by, under contract to, or granted privileges by the

4 health facility or agency. The pamphlet shall be prepared

5 DEVELOPED AND DISTRIBUTED by the department of public health

6 CONSUMER AND INDUSTRY SERVICES in consultation with the depart-

7 ment of commerce and appropriate professional associations.

8 (2) The department of public health CONSUMER AND INDUSTRY

9 SERVICES shall print the pamphlets REQUIRED UNDER SUBSECTION (1)

10 in languages that are appropriate to the ethnic composition of

11 the patient population where the pamphlet will be displayed. THE

12 DEPARTMENT SHALL PERIODICALLY DISTRIBUTE COPIES OF THE PAMPHLET

13 TO EACH HEALTH FACILITY OR AGENCY AND TO EACH UNLICENSED HEALTH

14 FACILITY DESCRIBED IN SUBSECTION (1).

15 (3) THE DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES SHALL

16 INCLUDE A MODEL STANDARDIZED COMPLAINT FORM IN THE PAMPHLET

17 DESCRIBED IN SUBSECTION (1). THE DEPARTMENT MAY DEVELOP A SEPA-

18 RATE MODEL STANDARDIZED COMPLAINT FORM THAT IS SPECIFIC TO A PAR-

19 TICULAR HEALTH FACILITY OR AGENCY OR CATEGORY OF HEALTH FACILI-

20 TIES AND AGENCIES.

21 Sec. 21799a. (1) A person who believes that this part, a

22 rule promulgated under this part, or a federal certification reg-

23 ulation applying to a nursing home may have been violated may

24 request an investigation of a nursing home. The PERSON SHALL

25 SUBMIT THE request shall be submitted to the department OF CON-

26 SUMER AND INDUSTRY SERVICES as a written complaint, or the

27 department shall assist the person in reducing an oral request to

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1 a written complaint within 7 days after the oral request is

2 made. A PERSON FILING A COMPLAINT UNDER THIS SUBSECTION MAY FILE

3 THE COMPLAINT ON A MODEL COMPLAINT FORM CONTAINED IN THE PAMPHLET

4 DEVELOPED AND DISTRIBUTED BY THE DEPARTMENT UNDER SECTION 20194.

5 (2) The substance of the A complaint FILED UNDER SUBSEC-

6 TION (1) shall be provided to the licensee no earlier than at the

7 commencement of the on-site inspection of the nursing home

8 which THAT takes place pursuant to the complaint.

9 (3) The A complaint FILED UNDER SUBSECTION (1), a copy of

10 the complaint, or a record published, released, or otherwise dis-

11 closed to the nursing home shall not disclose the name of the

12 complainant or a patient named in the complaint unless the com-

13 plainant or patient consents in writing to the disclosure or the

14 investigation results in an administrative hearing or a judicial

15 proceeding, or unless disclosure is considered essential to the

16 investigation by the department OF CONSUMER AND INDUSTRY

17 SERVICES. If disclosure is considered essential to the investi-

18 gation, the DEPARTMENT SHALL GIVE THE complainant shall be

19 given the opportunity to withdraw the complaint before

20 disclosure.

21 (4) Upon receipt of a complaint UNDER SUBSECTION (1), the

22 department OF CONSUMER AND INDUSTRY SERVICES shall determine,

23 based on the allegations presented, whether this part, a rule

24 promulgated under this part, or a federal certification regula-

25 tion for nursing homes has been, is, or is in danger of being

26 violated. The department shall investigate the complaint

27 according to the urgency determined by the department. The

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1 initiation of a complaint investigation shall commence within 15

2 days after receipt of the written complaint by the department.

3 (5) If, at any time, the department OF CONSUMER AND INDUSTRY

4 SERVICES determines that this part, a rule promulgated under this

5 part, or a federal certification regulation for nursing homes has

6 been violated, the department shall list the violation and the

7 provisions violated on the state and federal licensure and certi-

8 fication forms for nursing homes. The violations shall be con-

9 sidered, as evidenced by a written explanation, by the department

10 when it makes a licensure and certification decision or

11 recommendation.

12 (6) In all cases, the department OF CONSUMER AND INDUSTRY

13 SERVICES shall inform the complainant of its findings unless oth-

14 erwise indicated by the complainant. Within 30 days after the

15 receipt of complaint, the department shall provide the complain-

16 ant a copy, if any, of the written determination, the correction

17 notice, the warning notice, and the state licensure or federal

18 certification form, or both, on which the violation is listed, or

19 a status report indicating when these documents may be expected.

20 The DEPARTMENT SHALL INCLUDE IN THE final report shall include

21 a copy of the original complaint. The complainant may request

22 additional copies of the documents listed in this subsection and

23 shall reimburse the department for the copies in accord with

24 established policies and procedures.

25 (7) A THE DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

26 SHALL MAKE A written determination, correction notice, or warning

27 notice concerning a complaint shall be available for public

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1 inspection, but the DEPARTMENT SHALL NOT DISCLOSE THE name of the

2 complainant or patient shall not be disclosed without the

3 complainant's or patient's consent.

4 (8) A THE DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

5 SHALL REPORT A violation discovered as a result of the complaint

6 investigation procedure shall be reported to persons adminis-

7 tering sections 21799c to 21799e. The DEPARTMENT SHALL ASSESS A

8 PENALTY FOR A violation, shall be assessed a penalty as

9 described in this act ARTICLE.

10 (9) A complainant who is dissatisfied with the determination

11 or investigation by the department OF CONSUMER AND INDUSTRY

12 SERVICES may request a hearing. A COMPLAINANT SHALL SUBMIT A

13 request for a hearing shall be submitted in writing to the

14 director within 30 days after the mailing of the department's

15 findings as described in subsection (6). Notice THE DEPARTMENT

16 SHALL SEND NOTICE of the time and place of the hearing shall be

17 sent to the complainant and the nursing home.

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