HB-5876, As Passed House, November 29, 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5876

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1885 PA 152, entitled

 

"An act to authorize the establishment of facilities for former

members of the armed forces of the United States in the state of

Michigan; to create funds; and to provide for the promulgation of

rules,"

 

by amending sections 2a and 8 (MCL 36.2a and 36.8), section 2a as

 

amended by 2016 PA 213 and section 8 as amended by 2011 PA 283, and

 

by adding section 1a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1a. (1) A Michigan veterans' facility shall comply with

 

all of the rules and regulations for a nursing home as provided in

 

part 217 of the public health code, 1978 PA 368, MCL 333.21701 to

 

333.21799e.

 

     (2) Subject to subsection (6), the department of licensing and

 

regulatory affairs shall ensure that each Michigan veterans'


facility is in compliance with the requirements of subsection (1).

 

     (3) If the department of licensing and regulatory affairs

 

determines that a Michigan veterans' facility is not in compliance

 

with the requirements of subsection (1), the department of

 

licensing and regulatory affairs shall issue a report outlining the

 

facts underlying that noncompliance not more than 60 days after

 

making that determination and shall submit the report to the

 

department of military and veterans affairs, the committees of the

 

house of representatives and senate concerned with veterans'

 

issues, and the governor.

 

     (4) The department of licensing and regulatory affairs shall

 

promulgate any rules necessary to administer this section under the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328.

 

     (5) If a rule or policy of the board of managers or the

 

department of military and veterans affairs is in conflict with a

 

rule or policy of the department of licensing and regulatory

 

affairs concerning a Michigan veterans' facility, the rule or

 

policy of the department of licensing and regulatory affairs

 

prevails.

 

     (6) The department of licensing and regulatory affairs shall

 

cease its duties of supervision and oversight of a Michigan

 

veterans' facility during any period that the facility remains

 

certified by the Centers for Medicare and Medicaid Services.

 

     Sec. 2a. (1) The Subject to section 1a, the general operation,

 

supervision, and government of the Michigan veterans' facility is

 

vested in a board of managers consisting of 7 members. Each member


shall have demonstrated knowledge, skills, and experience in public

 

health, business, or finance. Members shall be appointed as

 

follows:

 

     (a) One representative of the American Legion.

 

     (b) One representative of the Veterans of Foreign Wars of the

 

United States.

 

     (c) One representative of the Disabled American Veterans.

 

     (d) One representative of any other congressionally chartered

 

veterans' organization other than those organizations identified in

 

subdivision (a), (b), or (c).

 

     (e) Three members who are veterans, who may or may not be a

 

member of 1 or more congressionally chartered veterans'

 

organizations, but shall do not represent any congressionally

 

chartered veterans' organization of which they are a member.

 

     (2) The members shall be appointed by the governor by and with

 

the advice and consent of the senate. Each member shall hold office

 

for the term of 3 years from the time of his or her appointment and

 

shall continue to hold office at the pleasure of the governor. The

 

members enumerated in subsection (1)(a), (b), (c), and (d) shall be

 

appointed by the governor from a list of at least not fewer than 3

 

individuals recommended by each respective organization.

 

     (3) Each member of the board shall qualify by taking and

 

filing the constitutional oath of office.

 

     (4) The governor may remove any member of the board for

 

misfeasance, malfeasance, or nonfeasance in office, after hearing.

 

Missing 3 or more consecutive meetings shall be of the board is

 

considered malfeasance and is grounds for removal.


     (5) Members of the board shall serve without compensation, but

 

shall be entitled to actual and necessary expenses incurred in

 

attending scheduled meetings of the board of managers in accordance

 

with the accounting laws of this state.

 

     (6) If a vacancy occurs during the term of office of a member

 

of the board, of managers, the member's successor shall be selected

 

from the same organization and in the same manner as the original

 

appointment for the balance of the unexpired term.

 

     (7) As used in this act:

 

     (a) "Board" means the board of managers of the Michigan

 

veterans' facility created in this section.

 

     (b) "Veteran" means an individual who meets both of the

 

following:

 

     (i) Is a veteran as defined in section 1 of 1965 PA 190, MCL

 

35.61.

 

     (ii) Was honorably discharged.

 

     Sec. 8. The board of managers shall meet not less than once

 

every 3 months. The board of managers shall prepare, review, and

 

revise a system of government for the homes, which shall include

 

all rules, regulations, and laws necessary for effective management

 

and preserving the health of the disabled veterans admitted to the

 

home. However, this section is subject to section 1a.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.