Michigan Compiled Laws 368-1978-17-217 Part 217 Nursing Homes (333.21701...333.21799e)

• Section 333.21701 Meanings Of Words And Phrases; General Definitions And Principles Of Construction.
  (1) For purposes of this part, the words and phrases defined in sections 21702 to 21703 have the meanings ascribed to them in those...
• Section 333.21702 Definitions; D To P.
  (1) “Discharge” means the voluntary or involuntary movement of a patient out of a nursing home regardless of the individual's destination or reason for...
• Section 333.21703 Definitions; P To W.
  333.21703 Definitions; P to W. Sec. 21703. (1) “Patient” means a person who receives care or services at a nursing home. (2) “Patient's representative” means...
• Section 333.21703. Amended Definitions; P To W.
  333.21703.amended Definitions; P to W.Sec. 21703. (1) "Patient" means a resident. (2) "Patient's representative" or "resident's representative" means a person, other than the licensee or...
• Section 333.21707 Prescribing Course Of Medical Treatment; Limitations On Authority.
  (1) The course of medical treatment provided to a patient in a nursing home shall be prescribed by the patient's physician. (2) This part...
• Section 333.21711 License Required; Prohibited Terms Or Abbreviations; License For Formal Or Informal Nursing Care Services; Exception.
  (1) A nursing home shall be licensed under this article. (2) “Nursing home”, “nursing center”, “convalescent center”, “extended care facility”, or a similar term...
• Section 333.21712 Name Of Nursing Home; Change In Name; Prohibited Terms; Rehabilitation Services.
  (1) A nursing home shall use the name that appears on the license for its premises. A nursing home shall not change its name...
• Section 333.21713 Owner, Operator, And Governing Body Of Nursing Home; Responsibilities And Duties Generally.
  The owner, operator, and governing body of a nursing home licensed under this article: (a) Are responsible for all phases of the operation of...
• Section 333.21715 Programs Of Planned And Continuing Nursing And Medical Care Required; Nurses And Physicians In Charge; Expiration Of Subsection (1)(a); Nature And Scope Of Services.
  333.21715 Programs of planned and continuing nursing and medical care required; nurses and physicians in charge; expiration of subsection (1)(a); nature and scope of services....
• Section 333.21715. Amended Nursing Home; Programs Of Planned And Continuing Nursing And Medical Treatment Required; Employment Of Or Contract With Licensed Or Authorized Individual; Services; Dental Treatment.
  333.21715.amended Nursing home; programs of planned and continuing nursing and medical treatment required; employment of or contract with licensed or authorized individual; services; dental treatment.Sec....
• Section 333.21716 Nursing Home; Influenza Vaccination.
  A nursing home shall offer each resident, or shall provide each resident with information and assistance in obtaining, an annual vaccination against influenza in...
• Section 333.21717 Care Of Certain Individuals In Nursing Home; Approval Of Area And Program.
  An individual shall not be admitted or retained for care in a nursing home who requires special medical or surgical treatment, or treatment for...
• Section 333.21718 Conditions Of Skilled Nursing Facility Certification And Participation In Title 19 Program; Exception; Exemption.
  (1) Except as provided in subsections (3) and (4), as a condition of skilled nursing facility certification and participation in the title 19 program...
• Section 333.21719 Immediate Access To Acute Care Facilities.
  A nursing home shall not be licensed under this part unless the nursing home has formulated, and is prepared to implement, insofar as possible,...
• Section 333.21720 Nursing Home Administrator Required.
  (1) The department shall not license a nursing home under this part unless that nursing home is under the direction of a nursing home...
• Section 333.21720a Director Of Nursing; Nursing Personnel; Effective Date Of Subsection (1); Natural Disaster Or Other Emergency.
  (1) A nursing home shall not be licensed under this part unless that nursing home has on its staff at least 1 registered nurse...
• Section 333.21720b Agreement With County Community Mental Health Program.
  A nursing home shall not be licensed under this part unless that nursing home has entered into an agreement with the county community mental...
• Section 333.21721 Bond Required.
  (1) Before issuance or renewal of a nursing home license under this article, the owner, operator, or governing body of the nursing home shall...
• Section 333.21723 Individual Responsible For Receiving Complaints And Conducting Investigations; Posting Information In Nursing Home; Communication Procedure; Information Posted On Internet Website; Nursing Home Receiving Medicaid Reimbursement.
  (1) A nursing home shall post in an area accessible to residents, employees, and visitors the name, title, location, and telephone number of the...
• Section 333.21731 Licensee Considered Consumer Of Tangible Personal Property.
  A licensee of a nursing home operated for profit is considered to be the consumer, and not the retailer, of the tangible personal property...
• Section 333.21733 Repealed. 2009, Act 188, Eff. May 1, 2010.
  Compiler's Notes: The repealed section pertained to smoking policies in nursing homes.
• Section 333.21734 Nursing Home; Bed Rails; Provisions; Guidelines; Liability.
  333.21734 Nursing home; bed rails; provisions; guidelines; liability. Sec. 21734. (1) Notwithstanding section 20201(2)(l), a nursing home shall give each resident who uses a hospital-type...
• Section 333.21734. Amended Nursing Home; Bed Rails; Provisions; Peer-reviewed, Evidence-based, Best-practice Resources; Liability.
  333.21734.amended Nursing home; bed rails; provisions; peer-reviewed, evidence-based, best-practice resources; liability.Sec. 21734. (1) Notwithstanding section 20201(2)(l), a nursing home shall give each resident who uses...
• Section 333.21735 Requirement Of Emergency Generator System In Nursing Home.
  (1) A nursing home licensed under this article shall have, at a minimum, an emergency generator system that complies with existing state and federal...
• Section 333.21741 Rules.
  (1) The department of public health, after seeking advice and consultation from the department of social services, appropriate consumer and professional organizations, and concerned...
• Section 333.21743 Disclosures; Public Inspection.
  (1) In addition to public records subject to disclosure under section 20175, the following information is subject to disclosure from the department of public...
• Section 333.21744 Professional Advice And Consultation.
  The department shall provide to the applicant or licensee professional advice and consultation related to the quality of institutional or agency aspects of health...
• Section 333.21751 Emergency Petition To Place Nursing Home Under Control Of Receiver; Appointment Of Receiver; Use Of Income And Assets; Major Structural Alteration; Consultation; Termination Of Receivership; Accounting; Disposition Of Surplus Funds.
  (1) When the department has concluded a proceeding under sections 71 to 106 of the administrative procedures act of 1969, as amended, being sections...
• Section 333.21755 Grounds For Refusal To Issue License.
  The department may refuse to issue a license to establish or maintain and operate, or both, a nursing home to an applicant: (a) Whose...
• Section 333.21757 Provisional License.
  (1) The department may issue a 1-year provisional license, renewable for not more than 1 additional year, to an applicant whose services are needed...
• Section 333.21761 Certification Of Nondiscrimination; Violation Of Rights; Giving Preference To Members Of Religious Or Fraternal Institution Or Organization.
  (1) In addition to the requirements of section 20152, a licensee shall certify annually to the department, as part of its application for licensure...
• Section 333.21763 Access To Nursing Home Patients; Purposes; Requirements; Termination Of Visit; Confidentiality; Complaint; Determination; Prohibited Entry.
  (1) A nursing home shall permit a representative of an approved organization, who is known by the nursing home administration to be authorized to...
• Section 333.21764 Approval Or Disapproval Of Nonprofit Corporation Rendering Assistance Without Charge; Appeal; Decision.
  (1) The director, with the advice of the nursing home task force, shall approve or disapprove a nonprofit corporation which has as 1 of...
• Section 333.21765 Policies And Procedures; Copy Of Rights Enumerated In Mcl 333.20201; Reading Or Explaining Rights; Staff Observance Of Rights, Policies, And Procedures.
  (1) A nursing home shall establish written policies and procedures to implement the rights protected under section 20201. The policies shall include a procedure...
• Section 333.21765a Certain Admission Conditions Prohibited; Enforcement Of Contract Provisions Or Agreements In Conflict With Subsections (1) And (2).
  (1) A nursing home shall not require an applicant, as a condition of admission, to waive his or her right to benefits under medicare...
• Section 333.21766 Written Contract.
  (1) A nursing home shall execute a written contract solely with an applicant or patient or that applicant's or patient's guardian or legal representative...
• Section 333.21767 Guardian, Trustee, Conservator, Patient's Representative, Or Protective Payee For Patient; Receipt For Money Or Property Of Patient; Statement Of Funds.
  (1) A nursing home, or an owner, administrator, employee, or representative of a nursing home shall not act as guardian, trustee, conservator, patient's representative,...
• Section 333.21771 Abusing, Mistreating, Or Neglecting Patient; Reports; Investigation; Retaliation Prohibited; Exception To Report Requirement; Time Frame For Reporting.
  (1) A licensee, nursing home administrator, or employee of a nursing home shall not physically, mentally, or emotionally abuse, mistreat, or harmfully neglect a...
• Section 333.21772 Interference With Right To Bring Action Or File Complaint Prohibited; Retaliation Prohibited.
  The owner, administrator, employee, or representative of a nursing home shall not interfere with the right of a person to bring a civil or...
• Section 333.21773 Involuntary Transfer Or Discharge Of Patient; Notice; Form; Request For Hearing; Copy Of Notice; Commencement Of Notice Period; Nonpayment; Redemption; Explanation And Discussion; Counseling Services; Prohibition; Notice Of Nonparticipation In State Plan For Medicaid Funding.
  (1) A nursing home shall not involuntarily transfer or discharge a patient except for 1 or more of the following purposes: (a) Medical reasons....
• Section 333.21774 Involuntary Transfer Or Discharge; Request For Hearing; Informal Hearing; Decision; Burden Of Proof; Procedures; Time For Leaving Facility.
  (1) A patient subject to involuntary transfer or discharge from a licensed nursing home shall have the opportunity to file a request for a...
• Section 333.21775 Continuation Of Medicaid Funding During Appeal, Transfer, Or Discharge Period.
  The department of social services shall continue medicaid funding during the appeal, transfer, or discharge period as provided in section 21774 for those medicaid...
• Section 333.21776 Transfer Or Discharge Of Patient; Plan; Counseling Services.
  The licensee, with the approval of the department, shall develop a plan to effectuate the orderly and safe transfer or discharge of a patient....
• Section 333.21777 Holding Bed Open During Temporary Absence Of Patient; Option; Title 19 Patients.
  (1) If a patient is temporarily absent from a nursing home for emergency medical treatment, the nursing home shall hold the bed open for...
• Section 333.21781 Posting Of License And Other Information.
  A licensee shall conspicuously post in an area of its offices accessible to patients, employees, and visitors: (a) A current license. (b) A complete...
• Section 333.21782 Retention Of Documents For Public Inspection.
  A licensee shall retain for public inspection: (a) A complete copy of each inspection report of the nursing home received from the department during...
• Section 333.21784 Threatening Medical Condition; Notice; Emergency Treatment; Comfort Of Patient.
  If a patient's life is threatened by his or her medical condition, the nursing home shall immediately notify the patient's next of kin, patient's...
• Section 333.21785 Discontinuance Of Operation; Notice; Relocation Of Patients.
  (1) If a nursing home proposes to discontinue operation, the licensee shall notify the department of public health and the department of social services...
• Section 333.21786 Emergency Closing Of Nursing Home.
  In the case of an emergency closing of a nursing home, or when it is determined by the department that a nursing home is...
• Section 333.21787 Michigan Public Health Institute; Consultation And Contracts.
  The department may consult and work with the Michigan public health institute created under section 2611 in performing the department's regulatory and disciplinary duties...
• Section 333.21791 Advertising; False Or Misleading Information Prohibited.
  A licensee shall not use false or misleading information in the advertising of a nursing home or its name. History: Add. 1978, Act 493,...
• Section 333.21792 Commission, Bonus, Fee, Or Gratuity; Violation; Penalty.
  (1) An owner, administrator, employee, or representative of a nursing home shall not pay, or offer to pay, a commission, bonus, fee, or gratuity...
• Section 333.21794 Use Of Dining Assistant To Provide Feeding Assistance To Nursing Home Patient.
  (1) With the consent of the patient or the patient's representative a nursing home may use a dining assistant to provide feeding assistance to...
• Section 333.21795 Education And Training For Unlicensed Nursing Personnel; Criteria; Competency Examinations; Rules.
  (1) The department, in consultation and with the advice of the Michigan board of nursing and appropriate consumer and professional organizations, shall develop by...
• Section 333.21796 Insuring Proper Licensing Of Licensed Personnel.
  The nursing home administrator and licensee shall be responsible for insuring that all licensed personnel employed by the nursing home are properly licensed. History:...
• Section 333.21799a Nursing Home; Violation; Complaint; Investigation; Disclosure; Determination; Listing Violation And Provisions Violated; Copies Of Documents; Public Inspection; Report Of Violation; Penalty; Request For Hearing; Notice Of Hearing; “priority Complaint” Defined.
  333.21799a Nursing home; violation; complaint; investigation; disclosure; determination; listing violation and provisions violated; copies of documents; public inspection; report of violation; penalty; request for hearing;...
• Section 333.21799a. Amended Nursing Home; Violation; Complaint; Investigation; Disclosure; Determination; Listing Violation And Provisions Violated; Copies Of Documents; Public Inspection; Report Of Violation; Penalty; Request For Hearing; Notice Of Hearing; “priority Complaint” Defined.
  333.21799a.amended Nursing home; violation; complaint; investigation; disclosure; determination; listing violation and provisions violated; copies of documents; public inspection; report of violation; penalty; request for hearing;...
• Section 333.21799b Noncompliance; Notice Of Finding; Correction Notices; Hearing; Verification Of Compliance; Investigation; Action; Definitions; Annual Report; Presumption.
  (1) If, upon investigation, the department of consumer and industry services finds that a licensee is not in compliance with this part, a rule...
• Section 333.21799c Violations; Penalties; Computation Of Civil Penalties; Paying Or Reimbursing Patient; Rules For Quality Of Care Allowance Formula.
  (1) A person who violates 1 of the following sections is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year...
• Section 333.21799d Collection Of Civil Penalty; Noncompliance; Order.
  A civil penalty assessed under this part shall be collected by the department. If the person or nursing home against whom a civil penalty...
• Section 333.21799e Penalties And Remedies Cumulative.
  (1) The penalties prescribed by this part or a rule promulgated under this part are cumulative and not exclusive. Neither the department nor any...

Last modified: October 10, 2016