January 31, 2013, Introduced by Reps. Slavens, Brunner, Smiley, Hovey-Wright and Geiss and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 21766 and 21781 (MCL 333.21766 and 333.21781),
section 21766 as amended by 2001 PA 243.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
21766. (1) A nursing home licensee
shall execute a
written contract solely with an applicant or patient or that
applicant's or patient's guardian or legal representative
authorized by law to have access to those portions of the patient's
or applicant's income or assets available to pay for nursing home
care, at each of the following times:
(a)
At the time an individual is admitted to a the nursing
home.
(b) At the expiration of the term of a previous contract.
(c) At the time the source of payment for the patient's care
changes.
(2)
A nursing home licensee shall not discharge or transfer a
patient at the expiration of the term of a contract, except as
provided in section 21773.
(3)
A nursing home licensee shall specifically notify in
writing an applicant or patient or that applicant's or patient's
guardian or legal representative of the availability or lack of
availability of hospice care in the nursing home. This written
notice shall be by way of a specific paragraph located in the
written contract described in subsection (1) and shall require the
applicant or patient or that applicant's or patient's guardian or
legal representative to sign or initial the paragraph before
execution
of the written contract. As used in this subsection,
"hospice"
means that term as defined in section 20106(4).
(4)
A nursing home licensee shall provide a copy of the
contract to the patient, the patient's representative, or the
patient's legal representative or legal guardian at the time the
contract is executed.
(5) For a patient supported by funds other than the patient's
own
funds, a nursing home licensee
shall make a copy of the
contract available to the person providing the funds for the
patient's support.
(6) For a patient whose care is reimbursed with public funds
administered
by the department, of community health, a nursing home
licensee shall maintain a copy of the contract in the patient's
file at the nursing home and upon request shall make a copy of the
contract
available to the department. of community health.
(7)
The nursing home A licensee
shall ensure that the contract
is written in clear and unambiguous language and is printed in not
less
than 12-point type. The form of licensee
shall comply with the
contract
shall be form prescribed by the department.
(8)
The contract licensee shall specify include all of the
following in the contract:
(a) The term of the contract.
(b) The services to be provided under the contract, including
the availability of hospice or other special care, and the charges
for the services.
(c) The services that may be provided to supplement the
contract and the charges for the services.
(d) The sources liable for payments due under the contract.
(e) The amount of deposit paid and the general and foreseeable
terms upon which the deposit will be held and refunded.
(f) The rights, duties, and obligations of the patient, except
that the specification of a patient's rights may be furnished on a
separate
document that complies with the requirements of section
20201.
(9)
The nursing home licensee may require a patient's or
applicant's guardian or legal representative who is authorized by
law to have access to those portions of the patient's or
applicant's income or assets available to pay for nursing home care
to sign a contract without incurring personal financial liability
other than for funds received in his or her legal capacity on
behalf of the patient.
(10) A nursing home employee may request the appointment of a
guardian for an individual applicant or patient only if the nursing
home employee reasonably believes that the individual meets the
legal requirements for the appointment of a guardian.
(11) At the time a licensee reports a proposed change of
ownership of the nursing home to the department under section
20142, the licensee shall specifically notify in writing all
patients and each patient's guardian or legal representative of the
proposed change of ownership. At the time the licensee provides a
copy of a patient contract under subsection (4), the licensee shall
also specifically notify in writing the patient or the patient's
legal representative or legal guardian of a proposed change of
ownership of the nursing home, if any. If a licensee that reports a
proposed change of ownership under section 20142 receives notice of
noncompliance under that section and the department does not have
an approved plan of correction for the nursing home, the licensee
shall also include in the notice to all patients and to each
patient's guardian or legal representative under this subsection a
statement that a license may not be issued to the new owner until
the items of noncompliance have been corrected.
Sec. 21781. A licensee shall conspicuously post all of the
following in an area of its offices accessible to patients,
employees, and visitors:
(a) A current license.
(b) A complete copy of the most recent inspection report of
the nursing home received from the department.
(c) A description, provided by the department, of complaint
procedures established under this act and the name, address, and
telephone number of a person authorized by the department to
receive complaints.
(d) A copy of a notice of a pending hearing or order
pertaining to the nursing home issued by the department or a court
under the authority of this article or rules promulgated under this
article.
(e) A complete list of materials available for public
inspection as required by section 21782.
(f) The names and contact information for persons with an
ownership interest in the nursing home that were disclosed to the
department under section 20142.
(g) The names and contact information for the nursing home
administrator, the nursing director, and all other individuals who
exercise operational or managerial control and have decision-making
authorization over the nursing home.
(h) Within 10 days after a proposed change of ownership is
reported to the department under section 20142, a copy of the
report of the proposed change.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No._____ or House Bill No._____ (request no.
01295'13) of the 97th Legislature is enacted into law.