VETERANS FACILITIES MUST COMPLY

WITH NURSING HOME REGULATIONS

House Bill 5876 as introduced

Sponsor:  Rep. Tom Barrett

Committee:  Military and Veterans Affairs

Complete to 9-21-16

SUMMARY:

House Bill 5876 would amend Public Act 152 of 1885 to require that a Michigan veterans facility comply with all of the rules and regulations for a nursing home as provided in Part 217 of the Public Health Code (MCL 333.21701–21799e).  The Department of Licensing and Regulatory Affairs (LARA) would be required to ensure each Michigan veterans' facility is in compliance with the regulations.

If LARA determines that a veterans facility is not in compliance, it would have to issue a report outlining the facts underlying the non-compliance no more than 60 days after making that determination, and submit the report to the Department of Military and Veterans Affairs, the committees of the House of Representatives and State Senate concerned with veterans' issues, and the governor.

Additionally, if a rule or policy of the Board of Managers of a facility or of the Department of Military and Veterans Affairs is in conflict with a rule or policy of LARA concerning a veterans facility, the rule or policy of LARA would prevail.

The bill would take effect 90 days after being enacted.

FISCAL IMPACT:

The bill would have an indeterminate, though likely negative fiscal impact on the Department of Licensing and Regulatory Affairs. The Bureau of Community and Health Systems within the department would likely experience increased costs associated with regulating an increased number of nursing homes, since veterans’ facilities would be treated as nursing homes.

                                                                                        Legislative Analyst:   E. Best

                                                                                                Fiscal Analyst:   Kent Dell

                                                                                                                           Marcus Coffin

This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.