SB-1255, As Passed House, December 2, 2010
SUBSTITUTE FOR
SENATE BILL NO. 1255
A bill to amend 1974 PA 258, entitled
"Mental health code,"
by amending section 134a (MCL 330.1134a), as amended by 2008 PA
446.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 134a. (1) Except as otherwise provided in subsection (2),
a psychiatric facility or intermediate care facility for people
with mental retardation shall not employ, independently contract
with, or grant clinical privileges to an individual who regularly
has direct access to or provides direct services to patients or
residents in the psychiatric facility or intermediate care facility
for
people with mental retardation after April 1, 2006 if the
individual satisfies 1 or more of the following:
(a) Has been convicted of a relevant crime described under 42
USC
1320a-7 1320a-7(a).
(b) Has been convicted of any of the following felonies, an
attempt or conspiracy to commit any of those felonies, or any other
state or federal crime that is similar to the felonies described in
this subdivision, other than a felony for a relevant crime
described
under 42 USC 1320a-7 1320a-7(a), unless 15 years have
lapsed since the individual completed all of the terms and
conditions of his or her sentencing, parole, and probation for that
conviction prior to the date of application for employment or
clinical privileges or the date of the execution of the independent
contract:
(i) A felony that involves the intent to cause death or serious
impairment of a body function, that results in death or serious
impairment of a body function, that involves the use of force or
violence, or that involves the threat of the use of force or
violence.
(ii) A felony involving cruelty or torture.
(iii) A felony under chapter XXA of the Michigan penal code,
1931 PA 328, MCL 750.145m to 750.145r.
(iv) A felony involving criminal sexual conduct.
(v) A felony involving abuse or neglect.
(vi) A felony involving the use of a firearm or dangerous
weapon.
(vii) A felony involving the diversion or adulteration of a
prescription drug or other medications.
(c) Has been convicted of a felony or an attempt or conspiracy
to commit a felony, other than a felony for a relevant crime
described
under 42 USC 1320a-7 1320a-7(a)
or a felony described
under subdivision (b), unless 10 years have lapsed since the
individual completed all of the terms and conditions of his or her
sentencing, parole, and probation for that conviction prior to the
date of application for employment or clinical privileges or the
date of the execution of the independent contract.
(d) Has been convicted of any of the following misdemeanors,
other than a misdemeanor for a relevant crime described under 42
USC
1320a-7 1320a-7(a), or a state or federal crime that is
substantially similar to the misdemeanors described in this
subdivision, within the 10 years immediately preceding the date of
application for employment or clinical privileges or the date of
the execution of the independent contract:
(i) A misdemeanor involving the use of a firearm or dangerous
weapon with the intent to injure, the use of a firearm or dangerous
weapon that results in a personal injury, or a misdemeanor
involving the use of force or violence or the threat of the use of
force or violence.
(ii) A misdemeanor under chapter XXA of the Michigan penal
code, 1931 PA 328, MCL 750.145m to 750.145r.
(iii) A misdemeanor involving criminal sexual conduct.
(iv) A misdemeanor involving cruelty or torture unless
otherwise provided under subdivision (e).
(v) A misdemeanor involving abuse or neglect.
(e) Has been convicted of any of the following misdemeanors,
other than a misdemeanor for a relevant crime described under 42
USC
1320a-7 1320a-7(a), or a state or federal crime that is
substantially similar to the misdemeanors described in this
subdivision, within the 5 years immediately preceding the date of
application for employment or clinical privileges or the date of
the execution of the independent contract:
(i) A misdemeanor involving cruelty if committed by an
individual who is less than 16 years of age.
(ii) A misdemeanor involving home invasion.
(iii) A misdemeanor involving embezzlement.
(iv) A misdemeanor involving negligent homicide or a moving
violation
causing death violation of
section 601d(1) of the
Michigan vehicle code, 1940 PA 300, MCL 257.601d.
(v) A misdemeanor involving larceny unless otherwise provided
under subdivision (g).
(vi) A misdemeanor of retail fraud in the second degree unless
otherwise provided under subdivision (g).
(vii) Any other misdemeanor involving assault, fraud, theft, or
the possession or delivery of a controlled substance unless
otherwise provided under subdivision (d), (f), or (g).
(f) Has been convicted of any of the following misdemeanors,
other than a misdemeanor for a relevant crime described under 42
USC
1320a-7 1320a-7(a), or a state or federal crime that is
substantially similar to the misdemeanors described in this
subdivision, within the 3 years immediately preceding the date of
application for employment or clinical privileges or the date of
the execution of the independent contract:
(i) A misdemeanor for assault if there was no use of a firearm
or dangerous weapon and no intent to commit murder or inflict great
bodily injury.
(ii) A misdemeanor of retail fraud in the third degree unless
otherwise provided under subdivision (g).
(iii) A misdemeanor under part 74 of the public health code,
1978 PA 368, MCL 333.7401 to 333.7461, unless otherwise provided
under subdivision (g).
(g) Has been convicted of any of the following misdemeanors,
other than a misdemeanor for a relevant crime described under 42
USC
1320a-7 1320a-7(a), or a state or federal crime that is
substantially similar to the misdemeanors described in this
subdivision, within the year immediately preceding the date of
application for employment or clinical privileges or the date of
the execution of the independent contract:
(i) A misdemeanor under part 74 of the public health code, 1978
PA 368, MCL 333.7401 to 333.7461, if the individual, at the time of
conviction, is under the age of 18.
(ii) A misdemeanor for larceny or retail fraud in the second or
third degree if the individual, at the time of conviction, is under
the age of 16.
(h) Is the subject of an order or disposition under section
16b of chapter IX of the code of criminal procedure, 1927 PA 175,
MCL 769.16b.
(i)
Has been Engages in
conduct that becomes the subject of a
substantiated finding of neglect, abuse, or misappropriation of
property by a state or federal agency according to an investigation
conducted in accordance with 42 USC 1395i-3 or 1396r.
(2) Except as otherwise provided in this subsection or
subsection (5), a psychiatric facility or intermediate care
facility for people with mental retardation shall not employ,
independently contract with, or grant privileges to an individual
who regularly has direct access to or provides direct services to
patients or residents in the psychiatric facility or intermediate
care
facility for people with mental retardation after April 1,
2006
until the psychiatric facility or
intermediate care facility
for
people with mental retardation conducts or staffing agency has
conducted
a criminal history check in compliance
with subsection
(4)
this section or received
criminal history record information in
compliance with subsection (3) or (10). This subsection and
subsection (1) do not apply to any of the following:
(a) An individual who is employed by, under independent
contract to, or granted clinical privileges in a psychiatric
facility or intermediate care facility for people with mental
retardation
before April 1, 2006. By On
or before April 1, 2011, an
individual who is exempt under this subdivision and who has not
been the subject of a criminal history check conducted in
compliance with this section shall provide the department of state
police with a set of fingerprints and the department of state
police shall input those fingerprints into the automated
fingerprint identification system database established under
subsection
(12) (13). An individual who is exempt under this
subdivision is not limited to working within the psychiatric
facility or intermediate care facility for people with mental
retardation with which he or she is employed by, under independent
contract
to, or granted clinical privileges on April 1, 2006
. That
individual
but may transfer to another psychiatric facility or
intermediate
care facility for people with mental retardation, that
is
under the same ownership with which he or she was employed,
under
contract, or granted privileges. If that individual wishes to
transfer
to another psychiatric facility or intermediate care
facility
for people with mental retardation that is not under the
same
ownership, he or she may do so provided that a criminal
history
check is conducted by the new psychiatric facility or
intermediate
care facility for people with mental retardation in
accordance
with subsection (4) covered
health facility, or adult
foster care facility. If an individual who is exempt under this
subdivision is subsequently convicted of a crime described under
subsection (1)(a) through (g) or found to be the subject of a
substantiated finding described under subsection (1)(i) or an order
or disposition described under subsection (1)(h), or is found to
have been convicted of a relevant crime described under subsection
(1)(a), then he or she is no longer exempt and shall be terminated
from employment or denied employment or clinical privileges.
(b)
An individual who is under an independent contractor
contract with a psychiatric facility or intermediate care facility
for people with mental retardation if he or she is not under the
facility's control and the services for which he or she is
contracted is not directly related to the provision of services to
a patient or resident or if the services for which he or she is
contracted allows for direct access to the patients or residents
but is not performed on an ongoing basis. This exception includes,
but
is not limited to, an individual who independently contracts is
under an independent contract with the psychiatric facility or
intermediate care facility for people with mental retardation to
provide utility, maintenance, construction, or communications
services.
(3) An individual who applies for employment either as an
employee or as an independent contractor or for clinical privileges
with a psychiatric facility or intermediate care facility for
people with mental retardation or a staffing agency and who has
received
a good faith offer of employment, an independent contract,
or
clinical privileges from the psychiatric facility or
intermediate
care facility for people with mental retardation not
been the subject of a criminal history check conducted in
compliance with this section shall give written consent at the time
of
application for the department of state police to conduct an
initial
a criminal history check under this section, along
with
identification acceptable to the department of state police. If the
applicant has been the subject of a criminal history check
conducted in compliance with this section, the applicant shall give
written consent at the time of application for the psychiatric
facility or intermediate care facility for people with mental
retardation or staffing agency to obtain the criminal history
record information as prescribed in subsection (4) from the
relevant licensing or regulatory department and for the department
of state police to conduct a criminal history check under this
section if the requirements of subsection (10) are not met and a
request to the federal bureau of investigation to make a
determination of the existence of any national criminal history
pertaining to the applicant is necessary, along with identification
acceptable to the department of state police. Upon receipt of the
written consent to obtain the criminal history record information
and identification required under this subsection, the psychiatric
facility or intermediate care facility for people with mental
retardation or staffing agency that has made a good-faith offer of
employment or an independent contract or clinical privileges to the
applicant shall request the criminal history record information
from the relevant licensing or regulatory department and shall make
a request regarding that applicant to the relevant licensing or
regulatory department to conduct a check of all relevant registries
in the manner required in subsection (4). If the requirements of
subsection (10) are not met and a request to the federal bureau of
investigation to make a subsequent determination of the existence
of any national criminal history pertaining to the applicant is
necessary, the psychiatric facility or intermediate care facility
for people with mental retardation or staffing agency shall proceed
in the manner required in subsection (4). A staffing agency that
employs an applicant who regularly has direct access to or provides
direct services to patients or residents under an independent
contract with a psychiatric facility or intermediate care facility
for people with mental retardation shall submit information
regarding the criminal history check conducted by the staffing
agency to the psychiatric facility or intermediate care facility
for people with mental retardation that has made a good-faith offer
of independent contract to that applicant.
(4) Upon receipt of the written consent to conduct a criminal
history check and identification required under subsection (3), a
psychiatric facility or intermediate care facility for people with
mental retardation or staffing agency that has made a good-faith
offer of employment or an independent contract or clinical
privileges to the applicant shall make a request to the department
of state police to conduct a criminal history check on the
applicant, to input the applicant's fingerprints into the automated
fingerprint identification system database, and to forward the
applicant's fingerprints to the federal bureau of investigation.
The department of state police shall request the federal bureau of
investigation to make a determination of the existence of any
national criminal history pertaining to the applicant. The
applicant shall provide the department of state police with a set
of fingerprints. The request shall be made in a manner prescribed
by the department of state police. The psychiatric facility or
intermediate care facility for people with mental retardation or
staffing agency shall make the written consent and identification
available to the department of state police. The psychiatric
facility or intermediate care facility for people with mental
retardation or staffing agency shall make a request regarding that
applicant to the relevant licensing or regulatory department to
conduct a check of all relevant registries established under
federal and state law and regulations for any substantiated
findings of abuse, neglect, or misappropriation of property. If the
department of state police or the federal bureau of investigation
charges
a fee for conducting the initial criminal history check,
the psychiatric facility or intermediate care facility for people
with mental retardation or staffing agency shall pay the cost of
the charge. The psychiatric facility or intermediate care facility
for people with mental retardation or staffing agency shall not
seek reimbursement for a charge imposed by the department of state
police or the federal bureau of investigation from the individual
who
is the subject of the initial criminal history check. A
prospective employee or a prospective independent contractor
covered
under this section may not be charged for the cost of an
initial
a criminal history check required under this section.
The
department of state police shall conduct a criminal history check
on the applicant named in the request. The department of state
police shall provide the department with a written report of the
criminal
history check conducted under this subsection. if the
criminal
history check contains any criminal history record
information.
The report shall contain any
criminal history record
information on the applicant maintained by the department of state
police. The department of state police shall provide the results of
the federal bureau of investigation determination to the department
within 30 days after the request is made. If the requesting
psychiatric facility or intermediate care facility for people with
mental retardation or staffing agency is not a state department or
agency
and if a criminal conviction history record information is
disclosed on the written report of the criminal history check or
the federal bureau of investigation determination that resulted in
a conviction, the department shall notify the psychiatric facility
or intermediate care facility for people with mental retardation or
staffing agency and the applicant in writing of the type of crime
disclosed on the written report of the criminal history check or
the federal bureau of investigation determination without
disclosing the details of the crime. Any charges imposed by the
department of state police or the federal bureau of investigation
for
conducting an initial a criminal history check or making a
determination under this subsection shall be paid in the manner
required under this subsection. The notice shall include a
statement
that the applicant has a right to appeal a decision made
the information relied upon by the psychiatric facility or
intermediate care facility for people with mental retardation or
staffing agency regarding his or her employment eligibility based
on
the criminal background history
check. The notice shall also
include information regarding where to file and describing the
appellate procedures established under section 20173b of the public
health code, 1978 PA 368, MCL 333.20173b.
(5) If a psychiatric facility or intermediate care facility
for people with mental retardation determines it necessary to
employ or grant clinical privileges to an applicant before
receiving the results of the applicant's criminal history check or
criminal history record information under this section, the
psychiatric facility or intermediate care facility for people with
mental retardation may conditionally employ or grant conditional
clinical privileges to the individual if all of the following
apply:
(a) The psychiatric facility or intermediate care facility for
people with mental retardation requests the criminal history check
or criminal history record information under this section upon
conditionally employing or conditionally granting clinical
privileges to the individual.
(b) The individual signs a statement in writing that indicates
all of the following:
(i) That he or she has not been convicted of 1 or more of the
crimes that are described in subsection (1)(a) through (g) within
the applicable time period prescribed by each subdivision
respectively.
(ii) That he or she is not the subject of an order or
disposition described in subsection (1)(h).
(iii) That he or she has not been the subject of a substantiated
finding as described in subsection (1)(i).
(iv) The individual agrees that, if the information in the
criminal history check conducted under this section does not
confirm the individual's statements under subparagraphs (i) through
(iii), his or her employment or clinical privileges will be
terminated by the psychiatric facility or intermediate care
facility for people with mental retardation as required under
subsection (1) unless and until the individual appeals and can
prove that the information is incorrect.
(v) That he or she understands the conditions described in
subparagraphs (i) through (iv) that result in the termination of his
or her employment or clinical privileges and that those conditions
are good cause for termination.
(c) Except as otherwise provided in this subdivision, the
psychiatric facility or intermediate care facility for people with
mental retardation does not permit the individual to have regular
direct access to or provide direct services to patients or
residents in the psychiatric facility or intermediate care facility
for people with mental retardation without supervision until the
criminal history check or criminal history record information is
obtained and the individual is eligible for that employment or
clinical privileges. If required under this subdivision, the
psychiatric facility or intermediate care facility for people with
mental retardation shall provide on-site supervision of an
individual in the facility on a conditional basis under this
subsection by an individual who has undergone a criminal history
check conducted in compliance with this section. A psychiatric
facility or intermediate care facility for people with mental
retardation may permit an individual in the facility on a
conditional basis under this subsection to have regular direct
access to or provide direct services to patients or residents in
the psychiatric facility or intermediate care facility for people
with mental retardation without supervision if all of the following
conditions are met:
(i) The psychiatric facility or intermediate care facility for
people with mental retardation, at its own expense and before the
individual has direct access to or provides direct services to
patients or residents of the psychiatric facility or intermediate
care facility for people with mental retardation, conducts a search
of public records on that individual through the internet criminal
history access tool maintained by the department of state police
and the results of that search do not uncover any information that
would indicate that the individual is not eligible to have regular
direct access to or provide direct services to patients or
residents under this section.
(ii) Before the individual has direct access to or provides
direct services to patients or residents of the psychiatric
facility or intermediate care facility for people with mental
retardation, the individual signs a statement in writing that he or
she has resided in this state without interruption for at least the
immediately preceding 12-month period.
(iii) If applicable, the individual provides to the department
of state police a set of fingerprints on or before the expiration
of 10 business days following the date the individual was
conditionally employed or granted conditional clinical privileges
under this subsection.
(6) The department shall develop and distribute a model form
for
the statement statements required under subsection (5)(b) and
(c). The department shall make the model form available to
psychiatric facilities or intermediate care facilities for people
with mental retardation subject to this section upon request at no
charge.
(7) If an individual is employed as a conditional employee or
is granted conditional clinical privileges under subsection (5),
and
the information under subsection
(3) or report described in
under subsection (4) does not confirm the individual's statement
under subsection (5)(b)(i) through (iii), the psychiatric facility or
intermediate care facility for people with mental retardation shall
terminate the individual's employment or clinical privileges as
required by subsection (1).
(8) An individual who knowingly provides false information
regarding his or her identity, criminal convictions, or
substantiated findings on a statement described in subsection
(5)(b)(i) through (iii) is guilty of a misdemeanor punishable by
imprisonment for not more than 93 days or a fine of not more than
$500.00, or both.
(9) A psychiatric facility or intermediate care facility for
people with mental retardation or staffing agency shall use
criminal history record information obtained under subsection (3)
or (4) only for the purpose of evaluating an applicant's
qualifications for employment, an independent contract, or clinical
privileges in the position for which he or she has applied and for
the purposes of subsections (5) and (7). A psychiatric facility or
intermediate care facility for people with mental retardation or
staffing agency or an employee of the psychiatric facility or
intermediate care facility for people with mental retardation or
staffing agency shall not disclose criminal history record
information obtained under subsection (3) or (4) to a person who is
not directly involved in evaluating the applicant's qualifications
for employment, an independent contract, or clinical privileges. An
individual who knowingly uses or disseminates the criminal history
record information obtained under subsection (3) or (4) in
violation of this subsection is guilty of a misdemeanor punishable
by imprisonment for not more than 93 days or a fine of not more
than
$1,000.00, or both. Upon written request from another
psychiatric
facility or intermediate care facility for people with
mental
retardation, health facility or agency, or adult foster care
facility
that is considering employing, independently contracting
with,
or granting clinical privileges to an individual, a
psychiatric
facility or intermediate care facility for people with
mental
retardation that has obtained criminal history record
information
under this section on that individual shall, with the
consent
of the applicant, share the information with the requesting
psychiatric
facility or intermediate care facility for people with
mental
retardation, health facility or agency, or adult foster care
facility.
Except for a knowing or intentional
release of false
information, a psychiatric facility or intermediate care facility
for people with mental retardation or staffing agency has no
liability
in connection with a criminal background history check
conducted
under in compliance with this section or the release of
criminal history record information under this subsection.
(10) Upon consent of an applicant as required in subsection
(3) and upon request from a psychiatric facility or intermediate
care facility for people with mental retardation or staffing agency
that has made a good-faith offer of employment or an independent
contract or clinical privileges to the applicant, the relevant
licensing or regulatory department shall review the criminal
history record information, if any, and notify the requesting
psychiatric facility or intermediate care facility for people with
mental retardation or staffing agency of the information in the
manner prescribed in subsection (4). Until the federal bureau of
investigation implements an automatic notification system similar
to the system required of the state police under subsection (13)
and federal regulations allow the federal criminal record to be
used for subsequent authorized uses, as determined in an order
issued by the department, a covered health or staffing agency
facility may rely on the criminal history record information
provided by the relevant licensing or regulatory department under
this subsection and a request to the federal bureau of
investigation to make a subsequent determination of the existence
of any national criminal history pertaining to the applicant is not
necessary if all of the following requirements are met:
(a) The criminal history check was conducted during the
immediately preceding 12-month period.
(b) The applicant has been continuously employed by a
psychiatric facility or intermediate care facility for people with
mental retardation, covered health facility, or adult foster care
facility or the staffing agency since the criminal history check
was conducted in compliance with this section or meets the
continuous employment requirement of this subdivision other than
being on layoff status for less than 1 year from a psychiatric
facility or intermediate care facility for people with mental
retardation, covered health facility, or adult foster care
facility.
(c) The applicant can provide evidence acceptable to the
relevant licensing or regulatory department that he or she has been
a resident of this state for the immediately preceding 12-month
period.
(11)
(10) As a condition of continued employment, each
employee, independent contractor, or individual granted clinical
privileges shall do each of the following:
(a) Agree in writing to report to the psychiatric facility or
intermediate care facility for people with mental retardation or
staffing agency immediately upon being arraigned for 1 or more of
the criminal offenses listed in subsection (1)(a) through (g), upon
being convicted of 1 or more of the criminal offenses listed in
subsection (1)(a) through (g), upon becoming the subject of an
order or disposition described under subsection (1)(h), and upon
being the subject of a substantiated finding of neglect, abuse, or
misappropriation of property as described in subsection (1)(i).
Reporting of an arraignment under this subdivision is not cause for
termination or denial of employment.
(b) If a set of fingerprints is not already on file with the
department of state police, provide the department of state police
with a set of fingerprints.
(12) (11)
In addition to sanctions set forth
in this act, a
licensee, owner, administrator, or operator of a psychiatric
facility or intermediate care facility for people with mental
retardation or staffing agency who knowingly and willfully fails to
conduct the criminal history checks as required under this section
is guilty of a misdemeanor punishable by imprisonment for not more
than 1 year or a fine of not more than $5,000.00, or both.
(13) (12)
In collaboration with the
department of state
police,
the department of information technology, management, and
budget shall establish and maintain an automated fingerprint
identification system database that would allow the department of
state police to store and maintain all fingerprints submitted under
this section and would provide for an automatic notification if and
when a subsequent criminal arrest fingerprint card submitted into
the
system matches a set of fingerprints previously submitted in
accordance
with under this section. Upon such notification, the
department of state police shall immediately notify the department
and
the department shall immediately contact the each respective
psychiatric facility or intermediate care facility for people with
mental retardation or staffing agency with which that individual is
associated. Information in the database established under this
subsection is confidential, is not subject to disclosure under the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and
shall not be disclosed to any person except for purposes of this
act or for law enforcement purposes.
(13)
April 1, 2009, the department shall submit a written
report
to the legislature outlining a plan to cover the costs of
the
criminal history checks required under this section if federal
funding
is no longer available or is inadequate to cover those
costs.
(14)
The department and the department of state police shall
maintain
an electronic web-based system to assist those psychiatric
facilities or intermediate care facilities for people with mental
retardation and staffing agencies required to check relevant
registries and conduct criminal history checks of its employees and
independent
contractors, and and
individuals granted privileges and
to provide for an automated notice to those psychiatric facilities
or intermediate care facilities for people with mental retardation
and staffing agencies for those individuals inputted in the system
who, since the initial criminal history check, have been convicted
of a disqualifying offense or have been the subject of a
substantiated finding of abuse, neglect, or misappropriation of
property. The department may charge a staffing agency a 1-time set-
up fee of up to $100.00 for access to the electronic web-based
system under this section.
(15) As used in this section:
(a) "Adult foster care facility" means an adult foster care
facility licensed under the adult foster care facility licensing
act, 1979 PA 218, MCL 400.701 to 400.737.
(b) "Convicted" means either of the following:
(i) For a crime that is not a relevant crime, a final
conviction, the payment of a fine, a plea of guilty or nolo
contendere if accepted by the court, or a finding of guilt for a
criminal law violation or a juvenile adjudication or disposition by
the juvenile division of probate court or family division of
circuit court for a violation that if committed by an adult would
be a crime.
(ii) For a relevant crime described under 42 USC 1320a-7(a),
convicted means that term as defined in 42 USC 1320a-7.
(c) "Covered health facility" means a nursing home, county
medical care facility, hospice, hospital that provides swing bed
services, or home for the aged licensed under article 17 of the
public health code, 1978 PA 368, MCL 333.20101 to 333.22260, or
home health agency.
(d) "Criminal history check conducted in compliance with this
section" includes a criminal history check conducted under this
section, under section 20173a of the public health code, 1978 PA
3658, MCL 333.20173a, or under section 34b of the adult foster care
facility licensing act, 1979 PA 218, MCL 400.734b.
(e) (b)
"Direct access" means
access to a patient or resident
or to a patient's or resident's property, financial information,
medical records, treatment information, or any other identifying
information.
(c)
"Health facility or agency" means a health facility or
agency
that is a nursing home, county medical care facility,
hospice,
hospital that provides swing bed services, home for the
aged,
or home health agency and licensed as required under article
17
of the public health code, 1978 PA 368, MCL 333.20101 to
333.22260.
(f) (d)
"Home health agency"
means a person certified by
medicare whose business is to provide to individuals in their
places of residence other than in a hospital, nursing home, or
county medical care facility 1 or more of the following services:
nursing services, therapeutic services, social work services,
homemaker services, home health aide services, or other related
services.
(g) (e)
"Independent contract"
means a contract entered into
by a health facility or agency with an individual who provides the
contracted services independently or a contract entered into by a
health
facility or agency with an organization or agency that
employs
or contracts with an individual after complying a staffing
agency that complies with the requirements of this section to
provide
the contracted services to the health facility or agency
psychiatric facility or intermediate care facility for people with
mental
retardation on behalf of the organization
or staffing
agency.
(h) (f)
"Medicare" means benefits
under the federal medicare
program established under title XVIII of the social security act,
42
USC 1395 to 1395hhh 1395iii.
(i) "Staffing agency" means an entity that recruits candidates
and provides temporary and permanent qualified staffing for
psychiatric facilities or intermediate care facilities for people
with mental retardation, including independent contractors.
(j) "Under the facility's control" means an individual
employed by or under independent contract with a psychiatric
facility or intermediate care facility for people with mental
retardation for whom the psychiatric facility or intermediate care
facility for people with mental retardation does both of the
following:
(i) Determines whether the individual who has access to
patients or residents may provide care, treatment, or other similar
support service functions to patients or residents served by the
psychiatric facility or intermediate care facility for people with
mental retardation.
(ii) Directs or oversees 1 or more of the following:
(A) The policy or procedures the individual must follow in
performing his or her duties.
(B) The tasks performed by the individual.
(C) The individual's work schedule.
(D) The supervision or evaluation of the individual's work or
job performance, including imposing discipline or granting
performance awards.
(E) The compensation the individual receives for performing
his or her duties.
(F) The conditions under which the individual performs his or
her duties.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No. 1253.
(b) Senate Bill No. 1254.