HOUSE BILL No. 5805


     May 17, 2000, Introduced by Reps. Lockwood, Bovin, O'Neil, Voorhees, Basham, Martinez, Bogardus, Hale, Neumann,
Dennis, Cherry, Schauer, Minore, Gieleghem, Jamnick, Green, Jacobs, Hardman, Clark, Vaughn and Spade and referred to the
Committee on Senior Health, Security and Retirement.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   (MCL 333.1101 to 333.25211) by adding section 21769.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           SEC. 21769.  (1) AS USED IN THIS SECTION, "COMMISSION" MEANS

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      THE NURSING HOME QUALITY OF LIFE REVIEW COMMISSION.

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           (2) THE NURSING HOME QUALITY OF LIFE REVIEW COMMISSION IS

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      CREATED WITHIN THE DEPARTMENT OF COMMUNITY HEALTH.

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           (3) THE COMMISSION SHALL CONSIST OF THE FOLLOWING 7 MEMBERS,

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      APPOINTED BY THE GOVERNOR:

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           (A) ONE MEMBER FROM THE DEPARTMENT OF COMMUNITY HEALTH,

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      KNOWLEDGEABLE IN FEDERAL GUIDELINES FOR NURSING HOMES AS ISSUED

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      BY THE FEDERAL HEALTH CARE FINANCING AUTHORITY.






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           (B) ONE MEMBER FROM THE DEPARTMENT OF CONSUMER AND INDUSTRY

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      SERVICES, REPRESENTING THOSE INDIVIDUALS CONDUCTING SURVEYS OF

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      NURSING HOMES UNDER SECTION 20155.

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           (C) ONE MEMBER WHO IS A PHYSICIAN SPECIALIZING IN THE PRAC-

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      TICE OF GERIATRIC MEDICINE, REPRESENTING THE MEDICAL COMMUNITY.

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           (D) TWO MEMBERS REPRESENTING NURSING HOME REFORM OR NURSING

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      HOME PATIENT ADVOCACY GROUPS, OR BOTH.

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           (E) TWO MEMBERS REPRESENTING NURSING HOMES.

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           (4) THE MEMBERS FIRST APPOINTED TO THE COMMISSION SHALL BE

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      APPOINTED WITHIN 120 DAYS AFTER THE EFFECTIVE DATE OF THIS

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      SECTION.

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           (5) MEMBERS OF THE COMMISSION SHALL SERVE FOR TERMS OF 4

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      YEARS OR UNTIL A SUCCESSOR IS APPOINTED, WHICHEVER IS LATER,

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      EXCEPT THAT OF THE MEMBERS FIRST APPOINTED 2 SHALL SERVE FOR 1

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      YEAR, 3 SHALL SERVE FOR 2 YEARS, AND 2 SHALL SERVE FOR 3 YEARS.

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           (6) IF A VACANCY OCCURS ON THE COMMISSION, THE GOVERNOR

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      SHALL MAKE AN APPOINTMENT FOR THE UNEXPIRED TERM IN THE SAME

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      MANNER AND FROM THE SAME CATEGORY AS THE ORIGINAL APPOINTMENT.

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           (7) THE GOVERNOR MAY REMOVE A MEMBER OF THE COMMISSION FOR

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      INCOMPETENCY, DERELICTION OF DUTY, MALFEASANCE, MISFEASANCE, OR

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      NONFEASANCE IN OFFICE, OR ANY OTHER GOOD CAUSE.

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           (8) THE FIRST MEETING OF THE COMMISSION SHALL BE CALLED BY

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      THE DIRECTOR OF THE DEPARTMENT OF COMMUNITY HEALTH.  AT THE FIRST

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      MEETING, AND ANNUALLY THEREAFTER, THE COMMISSION SHALL ELECT FROM

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      AMONG ITS MEMBERS A CHAIRPERSON AND OTHER OFFICERS AS IT CONSID-

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      ERS NECESSARY OR APPROPRIATE.  AFTER THE FIRST MEETING, THE

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      COMMISSION SHALL MEET AT LEAST QUARTERLY, OR MORE FREQUENTLY AT



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      THE CALL OF THE CHAIRPERSON, OR IF REQUESTED BY 4 OR MORE

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      MEMBERS.

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           (9) A MAJORITY OF THE MEMBERS OF THE COMMISSION CONSTITUTE A

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      QUORUM FOR THE TRANSACTION OF BUSINESS AT A MEETING OF THE

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      COMMISSION.  A MAJORITY OF THE MEMBERS PRESENT AND SERVING IS

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      REQUIRED FOR OFFICIAL ACTION OF THE COMMISSION.

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           (10) THE BUSINESS THAT THE COMMISSION MAY PERFORM SHALL BE

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      CONDUCTED AT A PUBLIC MEETING OF THE COMMISSION HELD IN COMPLI-

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      ANCE WITH THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO

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      15.275.

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           (11) A WRITING PREPARED, OWNED, USED, IN THE POSSESSION OF,

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      OR RETAINED BY THE COMMISSION IN THE PERFORMANCE OF AN OFFICIAL

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      FUNCTION IS SUBJECT TO THE FREEDOM OF INFORMATION ACT, 1976 PA

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      442, MCL 15.231 TO 15.246, EXCEPT THAT CONFIDENTIAL MEDICAL,

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      SOCIAL, PERSONAL, OR FINANCIAL INFORMATION IDENTIFYING A PATIENT

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      IS NOT AVAILABLE FOR PUBLIC INSPECTION IN A MANNER THAT IDENTI-

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      FIES THE PATIENT.

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           (12) MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT

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      COMPENSATION.  HOWEVER, MEMBERS OF THE COMMISSION MAY BE REIM-

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      BURSED FOR THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE

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      PERFORMANCE OF THEIR OFFICIAL DUTIES AS MEMBERS OF THE

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      COMMISSION.

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           (13) WITH THE ASSISTANCE OF THE DEPARTMENT OF COMMUNITY

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      HEALTH, THE COMMISSION SHALL DO ALL OF THE FOLLOWING:

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           (A) REQUEST AND REVIEW ALL REPORTS RESULTING FROM SURVEYS OF

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      NURSING HOMES CONDUCTED UNDER SECTION 20155.





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           (B) FOR THE PURPOSES OF SUBDIVISION (A), ESTABLISH REVIEW

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      CRITERIA UTILIZING THE GUIDELINES SPECIFIED BY THE FEDERAL HEALTH

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      CARE FINANCING AUTHORITY.

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           (C) IF A SURVEY CONDUCTED UNDER SECTION 20155 HAS RESULTED

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      IN A FINDING OF 1 OR MORE VIOLATIONS, MEET WITH THE SURVEY TEAM

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      CONDUCTING THE SURVEY AND A REPRESENTATIVE OF THE NURSING HOME TO

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      DISCUSS THE VIOLATIONS AND THE MEANS TO CORRECT THE VIOLATIONS.

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      THIS MEETING SHALL BE SCHEDULED WITHIN 30 DAYS AFTER THE COMMIS-

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      SION HAS RECEIVED THE SURVEY REPORT.  THE COMMISSION SHALL NOTIFY

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      THE SURVEY TEAM AND THE NURSING HOME NOT LESS THAN 30 DAYS BEFORE

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      THE SCHEDULED DATE OF THE MEETING.

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           (D) PRESENT AN INITIAL WRITTEN REPORT TO THE DEPARTMENT OF

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      COMMUNITY HEALTH, DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES,

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      THE GOVERNOR, THE LEGISLATURE, AND THE ATTORNEY GENERAL WITHIN 1

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      YEAR AFTER THE INITIAL APPOINTMENT OF THE NURSING HOME QUALITY OF

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      LIFE REVIEW COMMISSION MEMBERS.  THIS REPORT SHALL INCLUDE ALL OF

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      THE FOLLOWING INFORMATION:

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           (i) FINDINGS DETAILING PROBLEMS, ABUSES, EFFICIENCIES, AND

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      SUCCESSES AS RELATED TO THE SURVEY PROCESS CONDUCTED UNDER SEC-

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      TION 20155.

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           (ii) A FINANCIAL AUDIT AND RECOMMENDATIONS FOR FUNDING OF

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      THE SURVEY PROCESS CONDUCTED UNDER SECTION 20155.

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           (iii) AN EXAMINATION OF THIS STATE'S COMPLIANCE WITH THE

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      FEDERAL HEALTH CARE FINANCING AUTHORITY GUIDELINES FOR NURSING

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      HOME SURVEYS DETAILING SUCCESSES AND FAILURES WITH COMPLIANCE

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      WITH THE GUIDELINES.





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           (E) AFTER THE INITIAL WRITTEN REPORT UNDER SUBDIVISION (D),

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      PROVIDE AN ANNUAL WRITTEN REPORT OF THE COMMISSION'S ACTIVITIES,

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      FINDINGS, AND RECOMMENDATIONS TO THE DEPARTMENT OF COMMUNITY

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      HEALTH, THE DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES, THE

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      GOVERNOR, THE LEGISLATURE, AND THE ATTORNEY GENERAL.

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           (F) REVIEW THE REPORTS DESCRIBED IN SUBDIVISION (A) BIANNU-

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      ALLY FOR CHANGES REFLECTING THE LATEST DEVELOPMENTS IN GERIATRIC

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      SOCIAL AND MEDICAL PRACTICE.

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           (14) THE COMMISSION MAY APPOINT ADVISORY COMMITTEES AS CON-

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      SIDERED NECESSARY BY THE COMMISSION.  MEMBERS OF AN ADVISORY COM-

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      MITTEE APPOINTED UNDER THIS SUBSECTION ARE NOT COMPENSATED FOR

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      THEIR SERVICE, BUT MAY BE REIMBURSED FOR ACTUAL AND NECESSARY

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      EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.

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           (15) THE DEPARTMENT OF COMMUNITY HEALTH SHALL PROVIDE OFFICE

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      SPACE, SUPPLIES, CLERICAL ASSISTANCE, ADMINISTRATIVE ASSISTANCE,

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      AND OTHER STAFF AS NECESSARY FOR THE COMMISSION IN THE PER-

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      FORMANCE OF ITS DUTIES.























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