SB-0065, As Passed Senate, September 29, 2015

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 65

A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 20109 and 21715 (MCL 333.20109 and 333.21715),

section 20109 as amended by 1996 PA 224.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 20109. (1) "Nursing home" means a nursing care facility,

including a county medical care facility, that provides organized

nursing care and medical treatment to 7 or more unrelated

individuals suffering or recovering from illness, injury, or

infirmity. As used in this subsection, "medical treatment" includes

treatment by an employee or independent contractor of the nursing

home who is an individual licensed or otherwise authorized to

engage in a health profession under part 170 or 175. Nursing home

does not include a any of the following:

(a) A unit in a state correctional facility. ~~Nursing home does~~

~~not include 1 or more of the following:~~

(b) ~~(a)~~ A hospital.

~~Public Acts of 1885, being sections~~ 1885 PA 152, MCL 36.1 to 36.12.

~~of the Michigan Compiled Laws.~~

(d) ~~(c)~~ A hospice residence that is licensed under this

article.

(e) ~~(d)~~ A hospice that is certified under 42 ~~C.F.R.~~ CFR

418.100.

(2) "Person" means ~~a person~~ that term as defined in section

1106 or a governmental entity.

(3) "Public member" means a member of the general public who

is not a provider; who does not have an ownership interest in or

contractual relationship with a nursing home other than a ~~patient~~

resident contract; who does not have a contractual relationship

with a person who does substantial business with a nursing home;

and who is not the spouse, parent, sibling, or child of an

individual who has an ownership interest in or contractual

relationship with a nursing home, other than a ~~patient~~ resident

contract.

(4) "Skilled nursing facility" means a hospital long-term care

unit, nursing home, county medical care facility, or other nursing

care facility, or a distinct part thereof, certified by the

department to provide skilled nursing care.

Sec. 21715. (1) A nursing home shall provide:

(a) A program of planned and continuing nursing care under the

charge of a registered nurse. ~~in a skilled facility and a licensed~~

~~practical nurse with a registered nurse consultant in an~~

~~intermediate care facility. This subdivision shall expire December~~

~~31, 1979.~~

(b) A program of planned and continuing medical ~~care~~ treatment

under the charge of physicians. A nursing home, regardless of its

status as a legal entity, may employ or contract with an individual

licensed or otherwise authorized to engage in a health profession

under part 170 or 175 to provide the program of planned and

continuing nursing care and medical treatment under this

subsection, which care and treatment include direct clinical

services to residents.

(2) ~~Nursing~~ A nursing home shall provide nursing care and

medical ~~care shall consist~~ treatment that consist of services given

to ~~individuals~~ residents who are subject to prolonged suffering

from illness or injury or who are recovering from illness or

injury. ~~The services shall be~~ A nursing home shall provide the care

and treatment within the ability of the nursing home to provide and

shall include the functions of medical ~~care such as~~ treatment

including the diagnosis and treatment of an illness; nursing care

via assessment, planning, and implementation; evaluation of a

~~patient's~~ resident's health care needs; and the carrying out of

required treatment prescribed by a physician.

(3) A nursing home may provide dental treatment under the

supervision of a dentist. A nursing home, regardless of its status

as a legal entity, may employ or contract with a dentist who is

licensed under part 166.