SB-0065, As Passed Senate, April 21, 2015
SUBSTITUTE FOR
SENATE BILL NO. 65
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 20109, 21703, and 21715 (MCL 333.20109,
333.21703, 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.
(c) (b)
A veterans facility created under Act
No. 152 of the
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.
21703. (1) "Patient" means a person who receives care or
services
at a nursing home.resident.
(2) "Patient's representative" or "resident's representative"
means a person, other than the licensee or an employee or person
having a direct or indirect ownership interest in the nursing home,
designated
in writing by a patient resident
or a patient's
resident's guardian for a specific, limited purpose or for general
purposes, or, if a written designation of a representative is not
made,
the guardian of the patient.resident.
(3)
"Relocation" means the movement of a patient resident from
1 bed to another or from 1 room to another within the same nursing
home or within a certified distinct part of a nursing home.
(4) "Resident" means an individual who receives care or
services at a nursing home.
(5) (4)
"Transfer" means the
movement of a patient resident
from 1 nursing home to another nursing home or from 1 certified
distinct part of a nursing home to another certified distinct part
of the same nursing home.
(6) (5)
"Welfare" means, with
reference to a patient,
resident, the physical, emotional, or social well-being of a
patient
resident in a nursing home, including a patient resident
awaiting
transfer or discharge, as documented in the patient's
resident's clinical record by a licensed or certified health care
professional.
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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.