SB 570

SENATE BILL NO. 570
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 21311a (MCL 333.21311a), as added
by 2017 PA 167, and by adding section 21311b.
the people of the state of michigan enact:
Sec. 21311a. (1) Beginning on the effective date of the amendatory act that added
this section, February 11, 2018, an
exemption from licensure as a home for the aged under this article shall must be
given to an existing facility or a facility under construction if the
requirements of subsection (3) are met and 1 of the following applies:
(a) The person that
offers board is not related to the person that provides room or supervised
personal care, or both.
(b) The person that
provides supervised personal care, whether or not related to the person that
provides room or board, or both, has had a supervised personal care arrangement
in effect for at least 2 consecutive years before the date of the attestation
required under subsection (3) and residents at the facility have the option to
select any supervised personal care provider of their choice.
(2) An exemption
from licensure as a home for the aged under this article shall must be
given to a facility or a facility under construction if the requirements of
subsection (3) are met and 1 of the following applies:
(a) The person that
provides room and the person that provides supervised personal care are related
and the facility is registered as a continuing care community under the
continuing care community disclosure act, 2014 PA 448, MCL 554.901 to 554.993,
and includes a licensed nursing home as part of the continuing care community.
(b) The person that
provides room and the person that provides supervised personal care are not
related and residents at the facility have the option to select any supervised
personal care from a person of their choice.
(3) The department
shall make a determination that a facility is exempt from licensure as a home
for the aged under this article if the owner, operator, or governing body of
the facility submits an attestation to the department that certifies that all
of the requirements under subsection (1)(a) or (b) or (2)(a) or (b) are met, is
signed by the owner, operator, or governing body for the facility, and includes
an acknowledgment that the penalty for submitting a false or inaccurate
attestation is an administrative fine of $5,000.00.
Subject to section 21311b, the department shall charge a fee of $2,000.00 to
review an attestation submitted under this section.
(4) An exemption
granted under this section continues to exist for a successor owner, operator,
or governing body if the successor files the attestation required under
subsection (3). An exemption under subsection (1)(a) or (b) shall must not be
granted under this section after December 31, 2019, except to a successor
owner, operator, or governing body as provided in this subsection. An exemption
under subsection (2)(a) or (b) is not limited to an existing facility or a
facility under construction on or before the
effective date of the amendatory act that added this section February 11, 2018, as long as the requirements of
this section are met.
(5) The department
shall act on an application for exemption requested under this section as soon
as practicable but no later than 60 days after receipt of the application for
the exemption.
(6) A denial of an
application for exemption, an issuance of a fine, or a revocation of an
exemption is, upon the applicant providing further information, subject to a
review by the department or an appeal as provided in section 1205, or both.
(7) An exemption
granted under this section may be revoked if the department determines 1 of the
following:
(a) That the false
or inaccurate information provided in the attestation was material to granting
the exemption.
(b) The person
receiving the exemption is found to be negligent, which negligence results in
serious physical injury, death of a resident, or serious mental anguish, and
there continues to be a risk to the health and safety of the residents at that
facility.
(c) The person
receiving the exemption does not cooperate in the department's investigation to
make a determination for subsection (3).
(8) As used in this
section:
(a)
"Board" means food service provided at a facility.
(b)
"Related" means any of the following personal relationships by
marriage, blood, or adoption: spouse, child, parent, brother, sister,
grandparent, grandchild, aunt, uncle, stepparent, stepbrother, stepsister, or
cousin. Related also means an entity owns or is owned by a person that has a
direct or indirect ownership interest in another entity that provides a
component of operations or service under subsections (1) and (2).
(c) "Serious
mental anguish" means damage suffered by a resident that a physician, physician physician's assistant,
or nurse practitioner determines caused or could have caused extreme emotional
distress that resulted in hospitalization, psychiatric treatment, or death of a
resident.
(d) "Serious
physical injury" means damage suffered by a resident that a physician, physician physician's assistant,
or nurse practitioner determines caused or could have caused death of a
resident, caused the impairment of his or her the resident's bodily function, or caused the
permanent disfigurement of a resident.
Sec. 21311b. (1) At
the beginning of each state fiscal year, the department may increase the fee collected
under section 21311a by a percentage amount equal to not more than the average
percentage wage and salary increase granted for that fiscal year to classified
civil service employees employed by the department. If the department increases
the fee under this subsection, the increase is effective for that fiscal year.
The department shall use the increased fee as the basis for calculating fee
increases in subsequent fiscal years.
(2) By August 1 of each year, the department shall provide to the
director of the department of technology, management, and budget and the
chairpersons of the appropriations committees of the senate and house of
representatives a complete schedule of the fees to be collected under section 21311a
for the following fiscal year.