Michigan Compiled Laws 368-1978-17-201 Part 201 General Provisions (333.20101...333.20211)

• Section 333.20101 Meanings Of Words And Phrases; Principles Of Construction.
  (1) The words and phrases defined in sections 20102 to 20109 apply to all parts in this article except part 222 and have the...
• Section 333.20102 Definitions; A.
  (1) "Advisory commission" means the health facilities and agencies advisory commission created in section 20121. (2) "Aircraft transport operation" means that term as defined...
• Section 333.20104 Definitions; C To G.
  333.20104 Definitions; C to G.Sec. 20104. (1) "Certification" means the issuance of a document by the department to a health facility or agency attesting to...
• Section 333.20104. Amended Definitions; C To G.
  333.20104.amended Definitions; C to G.Sec. 20104. (1) "Certification" means the issuance of a document by the department to a health facility or agency attesting to...
• Section 333.20106 Definitions; H.
  (1) "Health facility or agency", except as provided in section 20115, means: (a) An ambulance operation, aircraft transport operation, nontransport prehospital life support operation,...
• Section 333.20108 Definitions; I To N.
  (1) “Intermediate care facility” means a hospital long-term care unit, nursing home, county medical care facility, or other nursing care facility, or distinct part...
• Section 333.20109 Definitions; N To S.
  333.20109 Definitions; N to S. Sec. 20109. (1) “Nursing home” means a nursing care facility, including a county medical care facility, that provides organized nursing...
• Section 333.20109. Amended Definitions; N To S.
  333.20109.amended Definitions; N to S.Sec. 20109. (1) "Nursing home" means a nursing care facility, including a county medical care facility, that provides organized nursing care...
• Section 333.20115 Rules Defining Or Differentiating Health Facility Or Agency; Rules Differentiating Freestanding Surgical Outpatient Facility From Private Office; Republication Of Certain Rules; Waiver Or Modification; Information To Be Provided To Department Of Licensing And Regulatory Affairs; Definitions.
  (1) The department may promulgate rules to further define the term "health facility or agency" and the definition of a health facility or agency...
• Section 333.20121 Health Facilities And Agencies Advisory Commission; Creation; Appointment And Qualification Of Members; Director As Ex Officio Member Without Vote.
  The health facilities and agencies advisory commission is created in the department. The governor shall appoint the members with the advice and consent of...
• Section 333.20122 Advisory Commission; Terms Of Members; Vacancy; Removal.
  (1) A member of the advisory commission shall serve for a term of 4 years or until a successor is appointed, except that the...
• Section 333.20123 Advisory Commission; Meetings; Chairperson And Vice-chairperson; Vacancy; Quorum; Expenses.
  (1) The advisory commission shall meet at the call of its chairperson or the director at least twice each year. (2) The advisory commission...
• Section 333.20124 Advisory Commission; Duties Generally.
  The advisory commission shall: (a) Approve rules relating to the licensure and certification of health facilities and agencies other than health maintenance organizations and...
• Section 333.20126 Task Forces; Appointment; Purpose; Duties; Membership; Staff Support.
  (1) The advisory commission chairperson shall appoint 4 task forces to advise the commission in carrying out its duties as follows: (a) Task force...
• Section 333.20127 Task Force 4; Purpose; Appointment And Qualifications Of Members; Chairperson And Vice-chairperson; Quorum; Procedures; Duties.
  (1) Task force 4 shall be composed of 15 state residents to review the operation of part 217 and rules promulgated under part 217,...
• Section 333.20131 Comprehensive System Of Licensure And Certification; Establishment; Purpose; Certification Of Health Facility Or Agency; Coordination, Cooperation, And Agreements; Public Disclosure.
  (1) The department shall establish a comprehensive system of licensure and certification for health facilities or agencies in accordance with this article to: (a)...
• Section 333.20132 Regulation Of Medical Or Surgical Treatment Prohibited; Control Of Communicable Diseases; Protection Of Individuals Receiving Care And Services; Standards For Inpatient Food Service Establishment; Compliance.
  (1) The department shall not regulate the medical or surgical treatment provided to an individual by his or her attending physician in a health...
• Section 333.20141 Health Facility Or Agency; License Required; Eligibility To Participate In Federal Or State Health Program; Personnel; Services; And Equipment; Evidence Of Compliance; Providing Data And Statistics.
  (1) A person shall not establish or maintain and operate a health facility or agency without holding a license from the department. (2) A...
• Section 333.20142 Application For Licensure And Certification; Form; Certifying Accuracy Of Information; Disclosures, Reports; And Notices; Violation; Penalty; False Statement As Felony.
  (1) A health facility or agency shall apply for licensure or certification on a form authorized and provided by the department. The application shall...
• Section 333.20143 Compliance As Condition To Issuance Of License, Certificate, Or Certificate Of Need.
  (1) A license or certificate under this part shall not be issued unless the applicant is in compliance with part 222. (2) A licensee...
• Section 333.20144 Licensing On Basis Of Approved Building Program.
  A health facility or agency not meeting statutory and regulatory requirements for its physical plant and equipment may be licensed by the department on...
• Section 333.20145 Construction Permit; Certificate Of Need As Condition Of Issuance; Rules; Information Required For Project Not Requiring Certificate Of Need; Public Information; Review And Approval Of Architectural Plans And Narrative; Rules; Waiver; Fee; "Capital Expenditure" Defined.
  (1) Before contracting for and initiating a construction project involving new construction, additions, modernizations, or conversions of a health facility or agency with a...
• Section 333.20151 Cooperation; Professional Advice And Consultation.
  A licensee or certificate holder shall cooperate with the department in carrying out its responsibility under this article. The department shall, to the extent...
• Section 333.20152 Certification By Licensee; Developing Facilities And Programs Of Care; Rating Individuals For Purposes Of Reimbursement.
  (1) A licensee shall certify to the department as part of its application for licensing and certification, that: (a) All phases of its operation,...
• Section 333.20153 Definitions; Single-use Device; Reusing, Recycling, Or Refurbishing Prohibited; Exceptions; Violation As Felony; Penalty.
  (1) As used in this section: (a) "Health care provider" means a health facility or agency or a health professional that utilizes single-use devices...
• Section 333.20155 Visit To Health Facilities And Agencies; Purpose; Process; Waiver; Confidentiality Of Accreditation Information; Limitation And Effect; Consultation Engineering Survey; Summary Of Substantial Noncompliance Or Deficiencies And Response; Investigations Or Inspections; Prior Notice As Misdemeanor; Record; Periodic Reports; Access To Documents; Disclosure; Delegation Of Functions; Forwarding Evidence Of Violation To Licensing Agency; Reports; Clarification Of Terms; Quarterly Meeting; Clinical Process Guidelines; Definitions.
  333.20155 Visit to health facilities and agencies; purpose; process; waiver; confidentiality of accreditation information; limitation and effect; consultation engineering survey; summary of substantial noncompliance or...
• Section 333.20155. Amended Visit To Health Facility Or Agency; Survey And Evaluation For Purpose Of Licensure; Nursing Home Surveyor; Criminal History Check; Survey Team; Composition And Membership; Waiver; Confidentiality Of Accreditation Information; Limitation And Effect; Consultation Engineering Survey; Summary Of Substantial Noncompliance Or Deficiencies And Response; Investigations Or Inspections; Prior Notice As Misdemeanor; Record; Periodic Reports; Access To Documents; Disclosure; Delegation Of Functions; Voluntary Inspections; Forwarding Evidence Of Violation To Licensing Agency; Reports; Clarification Of Terms; Quarterly Meeting; Resident Care Policies And Compliance Protocols; Nursing Home's Survey Report; Posting; Other State And Federal Law; Definitions.
  333.20155.amended Visit to health facility or agency; survey and evaluation for purpose of licensure; nursing home surveyor; criminal history check; survey team; composition and membership;...
• Section 333.20155a Nursing Home Health Survey Tasks; Electronic System; Determination Of Open Survey Cycle; Grants; Reports Of Survey Findings; Nursing Home's Plan Of Correction; Notifications Of Acceptance Or Rejection; Revisit; Evidence Of Substantial Compliance; Informal Dispute Resolution; Citation Levels.
  333.20155a Nursing home health survey tasks; electronic system; determination of open survey cycle; grants; reports of survey findings; nursing home's plan of correction; notifications of...
• Section 333.20155a. Amended Nursing Home Health Survey Tasks; Electronic System; Determination Of Open Survey Cycle; Grants; Reports Of Survey Findings; Nursing Home's Plan Of Correction; Notifications Of Acceptance Or Rejection; Revisit; Evidence Of Substantial Compliance; Informal Dispute Resolution; Citation Levels.
  333.20155a.amended Nursing home health survey tasks; electronic system; determination of open survey cycle; grants; reports of survey findings; nursing home's plan of correction; notifications of...
• Section 333.20156 Entering Premises Of Applicant Or Licensee; Enforcement Of Rules; Certificate Of Approval From Bureau Of Fire Services; Applicability Of Subsections (2) And (3).
  (1) A representative of the department or the bureau of fire services created in section 1b of the fire prevention code, 1941 PA 207,...
• Section 333.20161 Fees And Assessments For Health Facility And Agency Licenses And Certificates Of Need; Schedule; Fees; Use Of Quality Assurance Assessment; Tax Levy; "Medicaid" Defined.
  (1) The department shall assess fees and other assessments for health facility and agency licenses and certificates of need on an annual basis as...
• Section 333.20162 License; Receipt Of Completed Application; Issuance Of License Within Certain Period Of Time; Nonrenewable Temporary Permit; Provisional License; Procedure For Closing Facility; Order To Licensee Upon Finding Of Noncompliance; Notice, Hearing, And Status Requirements; Report; “completed Application” Defined.
  (1) Beginning on the effective date of the amendatory act that added section 20935, upon a determination that a health facility or agency is...
• Section 333.20164 Duration Of License Or Certification; License, Certification, Or Certificate Of Need Nontransferable; Transfer Of Ownership Or Ownership Interest; Notice; Application For License And Certification.
  (1) A license, certification, provisional license, or limited license is valid for not more than 1 year after the date of issuance, except as...
• Section 333.20165 Denying, Limiting, Suspending, Or Revoking License Or Certification; Notice Of Intent; Imposition Of Administrative Fine.
  (1) Except as otherwise provided in this section, after notice of intent to an applicant or licensee to deny, limit, suspend, or revoke the...
• Section 333.20165a Action Against Health Facility's Treatment As Authorized Under Right To Try Act; Definitions.
  (1) Except in the case of gross negligence or willful misconduct as determined by the department, a health facility's cooperation in a treatment recommended...
• Section 333.20166 Notice Of Intent To Deny, Limit, Suspend, Or Revoke License Or Certification; Service; Contents; Hearing; Record; Transcript; Determination; Powers Of Department; Judicial Order To Appear And Give Testimony; Contempt; Failure To Show Need For Health Facility Or Agency.
  (1) Notice of intent to deny, limit, suspend, or revoke a license or certification shall be given by certified mail or personal service, shall...
• Section 333.20168 Emergency Order Limiting, Suspending, Or Revoking License; Limiting Reimbursements Or Payments; Hearing; Contents Of Order; Order Not Suspended By Hearing.
  (1) Upon a finding that a deficiency or violation of this article or the rules promulgated under this article seriously affects the health, safety,...
• Section 333.20169 Hiv Infected Test Subject; Compliance With Reporting Requirements; Definitions.
  (1) A health facility or agency licensed under this article that obtains from a test subject a test result that indicates that the test...
• Section 333.20170 Medical Records Access; Compliance.
  A health facility or agency shall comply with the medical records access act. History: Add. 2004, Act 48, Imd. Eff. Apr. 1, 2004 Popular...
• Section 333.20171 Rules Implementing Article; Rules Promulgated Under Mcl 333.21563; Rules Subject To Mcl 554.917.
  (1) The department, after obtaining approval of the advisory commission, shall promulgate and enforce rules to implement this article, including rules necessary to enable...
• Section 333.20172 Policies And Procedures; Publication And Distribution.
  The department may publish and distribute written policies and procedures in the form of departmental letters necessary to the effective administration of this article....
• Section 333.20173 Repealed. 2006, Act 28, Eff. Apr. 1, 2006.
  Compiler's Notes: The repealed section pertained to criminal history check for employment applicants to nursing home, county medical care facility, or home for the aged.
• Section 333.20173a Covered Facility; Employees Or Applicants For Employment; Prohibitions; Criminal History Check; Procedure; Conditional Employment; Knowingly Providing False Information As Misdemeanor; Prohibited Use Or Dissemination Of Criminal History Information As Misdemeanor; Review By Licensing Or Regulatory Department; Conditions Of Continued Employment; Failure To Conduct Criminal History Checks As Misdemeanor; Establishment Of Automated Fingerprint Identification System Database; Electronic Web-based System; Definitions.
  (1) Except as otherwise provided in subsection (2), a covered facility shall not employ, independently contract with, or grant clinical privileges to an individual...
• Section 333.20173b Individual Disqualified Or Denied Employment Pursuant To Mcl 333.20173, 333.20173a, Or 330.1134a; Appeal; Report To Legislature; "Business Day" Defined.
  (1) An individual who has been disqualified from or denied employment by a health facility or agency that is a nursing home, county medical...
• Section 333.20175 Maintaining Record For Each Patient; Confidentiality; Wrongfully Altering Or Destroying Records; Noncompliance; Fine; Licensing And Certification Records As Public Records; Confidentiality; Disclosure; Report Or Notice Of Disciplinary Action; Information Provided In Report; Nature And Use Of Certain Records, Data, And Knowledge.
  (1) A health facility or agency shall keep and maintain a record for each patient, including a full and complete record of tests and...
• Section 333.20175a Agreement With Another Health Facility To Protect, Maintain, And Provide Access To Records; Closure Of Health Facility; Noncompliance; Fine; Definitions.
  (1) If a health facility or agency is unable to comply with section 20175, the health facility or agency shall employ or contract, arrange,...
• Section 333.20176 Notice Of Violation; Investigation Of Complaints; Notice Of Proposed Action; Public Record; Appeal; Reinvestigation.
  (1) A person may notify the department of a violation of this article or of a rule promulgated under this article that the person...
• Section 333.20176a Health Facility Or Agency; Prohibited Conduct; Violation; Fine.
  (1) A health facility or agency shall not discharge or discipline, threaten to discharge or discipline, or otherwise discriminate against an employee regarding the...
• Section 333.20177 Action To Restrain, Enjoin, Or Prevent Establishment, Maintenance, Or Operation Of Health Facility Or Agency.
  Notwithstanding the existence and pursuit of any other remedy, the director, without posting a bond, may request the prosecuting attorney or attorney general to...
• Section 333.20178 Nursing Home, Home For The Aged, Or County Medical Care Facility; Description Of Services To Patients Or Residents With Alzheimer's Disease; Contents; “represents To The Public” Defined.
  (1) Beginning not more than 90 days after the effective date of the amendatory act that added this section, a health facility or agency...
• Section 333.20179 Artificial Insemination Services On Anonymous Basis; Use Of Frozen Sperm; Testing Sperm Donor For Presence Of Hiv Or Antibody To Hiv; Violation; Liability; Definitions.
  (1) A health facility or agency licensed under this article that provides artificial insemination services on an anonymous basis shall use only frozen sperm,...
• Section 333.20180 Health Facility Or Agency; Person Making Or Assisting In Originating, Investigating, Or Preparing Report Or Complaint; Immunity And Protection From Civil Or Criminal Liability; Disclosure Of Identity; Notice; “hospital” Defined.
  (1) A person employed by or under contract to a health facility or agency or any other person acting in good faith who makes...
• Section 333.20181 Abortion; Admitting Patient Not Required; Refusal To Perform, Participate In, Or Allow; Immunity.
  A hospital, clinic, institution, teaching institution, or other health facility is not required to admit a patient for the purpose of performing an abortion....
• Section 333.20182 Abortion; Objection; Participation In Medical Procedures Not Required; Immunity.
  A physician, or other individual who is a member of or associated with a hospital, clinic, institution, teaching institution, or other health facility, or...
• Section 333.20183 Abortion; Refusal To Give Advice; Refusal To Participate In; Immunity.
  (1) A physician who informs a patient that he or she refuses to give advice concerning, or participate in, an abortion is not liable...
• Section 333.20184 Rights Of Individuals, Staff Members, And Employees Previously Participating In, Or Expressing Willingness To Participate In, Termination Of Pregnancy.
  A hospital, clinic, institution, teaching institution, or other health facility which refuses to allow abortions to be performed on its premises shall not deny...
• Section 333.20188 Repealed. 2004, Act 119, Eff. Nov. 27, 2005.
  Compiler's Notes: The repealed section pertained to creation of commission on patient safety.Popular Name: Act 368
• Section 333.20191 Emergency Patient; Test For Presence Of Infectious Agent; Positive Test Results; Duties Of Health Facility; Notice; Request For Testing; Confidentiality; Rules; Disclosure As Misdemeanor; Liability; Definitions.
  (1) If a police officer, fire fighter, individual licensed under section 20950 or 20952, or another individual assists an emergency patient who is subsequently...
• Section 333.20192 Do-not-resuscitate Order; Execution Not Required.
  A health facility or agency shall not require the execution of a do-not-resuscitate order under the Michigan do-not-resuscitate procedure act as a condition for...
• Section 333.20193 Compliance.
  A health facility or agency shall comply with part 138. History: Add. 1990, Act 21, Eff. June 4, 1990 Popular Name: Act 368
• Section 333.20194 Pamphlets; Display; Distribution; Model Standardized Complaint Form; Availability.
  (1) Subject to subsections (2), (3), and (4), a health facility or agency, except a health facility or agency licensed under part 209, and...
• Section 333.20197 Human Cloning In Facility Owned Or Operated By Health Facility Or Agency.
  (1) A health facility or agency shall not allow a licensee or registrant under article 15 or any other individual to engage in or...
• Section 333.20198 Health Facility, Agency Inpatient Facility, Or Residential Facility; Prohibited Conduct; Violation As Misdemeanor; Penalty; Nonapplicability Of Subsections (1) And (2).
  (1) Subject to subsection (3), an individual shall not enter upon the premises of a health facility or agency that is an inpatient facility,...
• Section 333.20199 Violations; Penalties.
  (1) Except as provided in subsection (2) or section 20142, a person who violates this article or a rule promulgated or an order issued...
• Section 333.20201 Policy Describing Rights And Responsibilities Of Patients Or Residents; Adoption; Posting And Distribution; Contents; Additional Requirements; Discharging, Harassing, Retaliating, Or Discriminating Against Patient Exercising Protected Right; Exercise Of Rights By Patient's Representative; Informing Patient Or Resident Of Policy; Designation Of Person To Exercise Rights And Responsibilities; Additional Patients' Rights; Definitions.
  (1) A health facility or agency that provides services directly to patients or residents and is licensed under this article shall adopt a policy...
• Section 333.20202 Responsibilities Of Patient Or Resident.
  (1) A patient or resident is responsible for following the health facility rules and regulations affecting patient or resident care and conduct. (2) A...
• Section 333.20203 Guidelines; Immunity; Other Remedies At Law Neither Expanded Nor Diminished.
  (1) The rights and responsibilities prescribed in sections 20201 and 20202 are guidelines for health facilities, facility staff, facility employees, patients, and residents. An...
• Section 333.20211 Summary Of Activities; Availability Of List And Current Inspection Reports.
  (1) Every 6 months the department shall issue a summary of its activities in relation to licensing and regulation and shall cause the information...

Last modified: October 10, 2016