Michigan Statutes368-1978-17 - ARTICLE 17 FACILITIES AND AGENCIES (333.20101...333.22260)
- 368-1978-17-201 - PART 201 GENERAL PROVISIONS (333.20101...333.20211)
- Section 333.20101 - Meanings of words and phrases; principles of construction.
- Section 333.20102 - Definitions; A.
- Section 333.20104 - Definitions; C to F.
- Section 333.20106 - Definitions; H.
- Section 333.20108 - Definitions; I to N.
- Section 333.20109 - Definitions; N to S.
- Section 333.20115 - Rules defining or differentiating health facility or agency; republication of certain rules; waiver or modification; “abortion” defined.
- Section 333.20121 - Health facilities and agencies advisory commission; creation; appointment and qualification of members; director as ex officio member without vote.
- Section 333.20122 - Advisory commission; terms of members; vacancy; removal.
- Section 333.20123 - Advisory commission; meetings; chairperson and vice-chairperson; vacancy; quorum; expenses.
- Section 333.20124 - Advisory commission; duties generally.
- Section 333.20126 - Task forces; appointment; purpose; duties; membership; staff support.
- Section 333.20127 - Task force 4; purpose; appointment and qualifications of members; chairperson and vice-chairperson; quorum; procedures; duties.
- Section 333.20131 - Comprehensive system of licensure and certification; establishment; purpose; certification of health facility or agency; coordination, cooperation, and agreements; public disclosur
- Section 333.20132 - Regulation of medical or surgical treatment prohibited; control of communicable diseases; protection of individuals receiving care and services; standards for inpatient food servic
- Section 333.20141 - Health facility or agency; license required; eligibility to participate in federal or state health program; personnel; services; and equipment; evidence of compliance; providing da
- Section 333.20142 - Application for licensure and certification; form; certifying accuracy of information; disclosures, reports; and notices; violation; penalty; false statement as felony.
- Section 333.20143 - Compliance as condition to issuance of license, certificate, or certificate of need.
- Section 333.20144 - Licensing on basis of approved building program.
- Section 333.20145 - Construction permit; certificate of need as condition of issuance; rules; information required for project not requiring certificate of need; review and approval of architectural p
- Section 333.20151 - Cooperation; professional advice and consultation.
- Section 333.20152 - Certification by licensee; developing facilities and programs of care; rating individuals for purposes of reimbursement.
- Section 333.20153 - Definitions; single-use device; reusing, recycling, or refurbishing prohibited; exceptions; violation as felony; penalty.
- Section 333.20155 - Visits to health facilities and agencies, clinical laboratories, nursing homes, hospices, and hospitals; purposes; waiver; confidentiality of accreditation information; limitation
- Section 333.20156 - Entering premises of applicant or licensee; enforcement of rules; certificate of approval from bureau of fire services; applicability of subsections (2) and (3).
- Section 333.20161 - Fees and assessments for health facility and agency licenses and certificates of need; medicaid reimbursement rates; use of quality assurance assessment; tax levy; "medicaid" defin
- Section 333.20162 - License; receipt of completed application; issuance of license within certain period of time; nonrenewable temporary permit; provisional license; procedure for closing facility; or
- Section 333.20164 - Duration of license or certification; license, certification, or certificate of need nontransferable; transfer of ownership or ownership interest; notice; application for license a
- Section 333.20165 - Denying, limiting, suspending, or revoking license or certification; notice of intent; imposition of administrative fine.
- Section 333.20166 - Notice of intent to deny, limit, suspend, or revoke license or certification; service; contents; hearing; record; transcript; determination; powers of department; judicial order to
- Section 333.20168 - Emergency order limiting, suspending, or revoking license; limiting reimbursements or payments; hearing; contents of order; order not suspended by hearing.
- Section 333.20169 - HIV infected test subject; compliance with reporting requirements; definitions.
- Section 333.20170 - Medical records access; compliance.
- Section 333.20171 - Rules implementing article; rules promulgated under MCL 333.21563.
- Section 333.20172 - Policies and procedures; publication and distribution.
- Section 333.20173 - Repealed. 2006, Act 28, Eff. Apr. 1, 2006.
- Section 333.20173a - Health facility or agency that is nursing home, county medical care facility, hospice, hospital that provides swing bed services, home for the aged, or home health agency; employe
- Section 333.20173a.amended - Health facility or agency that is nursing home, county medical care facility, hospice, hospital that provides swing bed services, home for the aged, or home health agency;
- Section 333.20173b - Individual disqualified or denied employment pursuant to MCL 330.20173a and 330.1134a; appeal; report to legislature; "business day" defined.
- Section 333.20175 - Maintaining record for each patient; confidentiality; wrongfully altering or destroying records; noncompliance; fine; licensing and certification records as public records; confide
- Section 333.20175a - Agreement with another health facility to protect, maintain, and provide access to records; closure of health facility; noncompliance; fine; definitions.
- Section 333.20176 - Notice of violation; investigation of complaints; notice of proposed action; public record; appeal; reinvestigation.
- Section 333.20176a - Health facility or agency; prohibited conduct; violation; fine.
- Section 333.20177 - Action to restrain, enjoin, or prevent establishment, maintenance, or operation of health facility or agency.
- Section 333.20178 - Nursing home, home for the aged, or county medical care facility; description of services to patients or residents with Alzheimer's disease; contents; “represents to the public
- Section 333.20179 - Artificial insemination services on anonymous basis; use of frozen sperm; testing sperm donor for presence of HIV or antibody to HIV; violation; liability; definitions.
- Section 333.20180 - Health facility or agency; person making or assisting in originating, investigating, or preparing report or complaint; immunity and protection from civil or criminal liability; dis
- Section 333.20181 - Abortion; admitting patient not required; refusal to perform, participate in, or allow; immunity.
- Section 333.20182 - Abortion; objection; participation in medical procedures not required; immunity.
- Section 333.20183 - Abortion; refusal to give advice; refusal to participate in; immunity.
- Section 333.20184 - Rights of individuals, staff members, and employees previously participating in, or expressing willingness to participate in, termination of pregnancy.
- Section 333.20188 - Repealed. 2004, Act 119, Eff. Nov. 27, 2005.
- Section 333.20191 - Emergency patient; test for presence of infectious agent; positive test results; duties of health facility; notice; request for testing; confidentiality; rules; disclosure as misde
- Section 333.20192 - Do-not-resuscitate order; execution not required.
- Section 333.20193 - Compliance.
- Section 333.20194 - Pamphlets; display; distribution; model standardized complaint form; availability.
- Section 333.20197 - Human cloning in facility owned or operated by health facility or agency.
- Section 333.20198 - Health facility, agency inpatient facility, or residential facility; prohibited conduct; violation as misdemeanor; penalty; nonapplicability of subsections (1) and (2).
- Section 333.20199 - Violations; penalties.
- Section 333.20201 - Policy describing rights and responsibilities of patients or residents; adoption; posting and distribution; contents; additional requirements; discharging, harassing, retaliating,
- Section 333.20202 - Responsibilities of patient or resident.
- Section 333.20203 - Guidelines; immunity; other remedies at law neither expanded nor diminished.
- Section 333.20211 - Summary of activities; availability of list and current inspection reports.
- 368-1978-17-203 - PART 203 AMBULANCE OPERATIONS AND ADVANCED MOBILE EMERGENCY CARE SERVICES (333.20301...333.20382)
- 368-1978-17-205 - PART 205 CLINICAL AND OTHER LABORATORIES (333.20501...333.20554)
- Section 333.20501 - Definitions; principles of construction.
- Section 333.20507 - Laboratories to which MCL 333.20501 to 333.20525 inapplicable.
- Section 333.20511 - Clinical laboratory; license required; authorizing specific categories of procedures; contents of license; display of license and laboratory director's certificate of qualifica
- Section 333.20515 - Requirements for license.
- Section 333.20521 - Responsibility for operation of clinical laboratory; record of specimens and procedures; analysis of test samples; reports; proficiency evaluation programs.
- Section 333.20525 - Denial, limitation, suspension, or revocation of license; grounds.
- Section 333.20531 - Lead analysis; clinical laboratory reporting requirements.
- Section 333.20551 - Registration of laboratory or other place handling, cultivating, selling, giving away, or shipping pathogenic microorganisms, or doing recombinant deoxyribonucleic acid research; a
- Section 333.20552 - Registration of laboratory, department, or school handling pathogens or doing recombinant deoxyribonucleic acid research; application for and duration of registration number.
- Section 333.20554 - Sale, gift, or other distribution of live pathogenic microorganisms and cultures or recombinant deoxyribonucleic acid materials; contents of label on container; record.
- 368-1978-17-206 - PART 206 COUNTY MEDICAL CARE FACILITIES (333.20601...333.20621)
- 368-1978-17-207 - PART 207 EMERGENCY MEDICAL SERVICES (333.20701...333.20773)
- 368-1978-17-208 - PART 208 FREESTANDING SURGICAL OUTPATIENT FACILITIES (333.20801...333.20821)
- 368-1978-17-209 - PART 209 EMERGENCY MEDICAL SERVICES (333.20901...333.20979)
- Section 333.20901 - Meanings of words and phrases; general definitions and principles of construction.
- Section 333.20902 - Definitions; A to D.
- Section 333.20904 - Definitions; E.
- Section 333.20906 - Definitions; L, M.
- Section 333.20908 - Definitions; N to V.
- Section 333.20910 - Powers and duties of department.
- Section 333.20911 - Repealed. 2006, Act 582, Eff. Dec. 31, 2009.
- Section 333.20912 - Duties of department with regard to educational programs and services.
- Section 333.20915 - State emergency medical services coordination committee; creation; appointment, qualifications, and terms of members; ex officio members; replacement of member; chairperson; meetin
- Section 333.20916 - State emergency medical services coordination committee; duties.
- Section 333.20917 - Repealed. 2000, Act 440, Eff. July 1, 2004.
- Section 333.20917a - Statewide trauma care advisory subcommittee; establishment; membership; appointment; terms; chairperson; meetings; quorum; recommendations regarding funding sources; "rural county
- Section 333.20918 - Local medical control authority; designation; participating hospitals and freestanding surgical outpatient facilities; adherence to protocols; administration; appointment and membe
- Section 333.20919 - Protocols for practice of life support agencies and licensed emergency medical services personnel; development and adoption; procedures; conflict with Michigan do-not-resuscitate p
- Section 333.20920 - Ambulance operation; license required; contents of application; fee; contents of license; operation of ambulance operation; renewal of license; compliance; ambulance operation upgr
- Section 333.20921 - Ambulance operation; duties; prohibitions; occupants of patient compartment; operation at higher level of life support; applicability of subsection (5).
- Section 333.20922 - Use of terms “ambulance,”“ambulance operation,” or similar term; advertising or disseminating information; license required.
- Section 333.20923 - Operation of ambulance; conditions; application for and issuance of ambulance license or annual renewal; fee; certificate of insurance; vehicle standards; minimum requirements for
- Section 333.20924 - Business or service of transportation of patients; licensed ambulance required; exceptions.
- Section 333.20926 - Nontransport prehospital life support operation; license required; application; fee; contents of license and application; renewal; compliance.
- Section 333.20927 - Nontransport prehospital life support operation; duties; prohibitions.
- Section 333.20928 - Use of term “nontransport prehospital life support vehicle,”“nontransport prehospital life support operation,” or similar term; advertising or disseminating information; license re
- Section 333.20929 - Operation of nontransport prehospital life support vehicle; conditions; application for and issuance of license or annual renewal; fee; certificate of insurance; communications sys
- Section 333.20931 - Air transport operation; license required; application; fee; issuance and contents of license; renewal; compliance.
- Section 333.20932 - Aircraft transport operation; duties; prohibitions.
- Section 333.20933 - Use of term “aircraft transport vehicle,”“aircraft transport operation,” or similar term; advertising or disseminating information; license required.
- Section 333.20934 - Operation of aircraft transport vehicle; conditions; application for and issuance of license or annual renewal; fee; certificate of insurance; communications system; equipment.
- Section 333.20935 - Receipt of completed license application; issuance of license within certain period of time; report; “completed application” defined.
- Section 333.20936 - Application for license renewal received after expiration date of license; late fee; completing requirements for initial licensure.
- Section 333.20938 - Operation of ambulance or nontransport prehospital life support vehicle under emergency conditions; privileges and constraints.
- Section 333.20939 - Spontaneous use of vehicle under exceptional circumstances; written report.
- Section 333.20941 - Medical first response service; license required; issuance; requirements; duties; renewal of license; advertising or disseminating information; availability of vehicle; ability of
- Section 333.20945 - Life support agency license; nonrenewable conditional license in lieu of denial, suspension, or revocation; duration; conditions.
- Section 333.20948 - Operations and services furnished by local governmental unit; costs; ordinance.
- Section 333.20950 - Medical first responder, emergency medical technician, emergency medical technician specialist, paramedic, or emergency medical services instructor-coordinator; licensing requireme
- Section 333.20952 - Temporary license.
- Section 333.20954 - Renewal license; renewal fees; procedures for late renewal; volunteers.
- Section 333.20956 - Provision of life support; limitation; authorized techniques.
- Section 333.20958 - Emergency medical services personnel license; denial, revocation, or suspension; grounds; notice; hearing.
- Section 333.20961 - Reciprocity.
- Section 333.20963 - Radio communications; compliance.
- Section 333.20965 - Immunity from liability.
- Section 333.20967 - Authority for management of emergency patient or management of scene of emergency; declaring nonexistence of emergency.
- Section 333.20969 - Objection to treatment or transportation.
- Section 333.20971 - Emergency preparedness act and MCL 30.261 not affected by part; references to former laws.
- Section 333.20973 - Emergency medical services to and cooperative agreements with other states.
- Section 333.20975 - Rules generally.
- Section 333.20977 - Rules considered as rescinded; exceptions.
- Section 333.20979 - Prohibited use of fees.
- 368-1978-17-210 - PART 210 HEALTH MAINTENANCE ORGANIZATIONS (333.21001...333.21099)
- Section 333.21001-333.21099 - Repealed. 1982, Act 354, Imd. Eff. Dec. 21, 1982;—1987, Act 149, Imd. Eff. Oct. 26, 1987;—1988, Act 315, Eff. Mar. 30, 1989;—1996, Act 472, Eff. Oct. 1, 1997;—2000, Act 2
- 368-1978-17-213 - PART 213 HOMES FOR THE AGED (333.21301...333.21335)
- 368-1978-17-214 - PART 214 HOSPICES (333.21401...333.21421)
- 368-1978-17-215 - PART 215 HOSPITALS (333.21501...333.21571)
- 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.
- Section 333.21702 - Definitions; D to P.
- Section 333.21703 - Definitions; P to W.
- Section 333.21707 - Prescribing course of medical treatment; limitations on authority.
- Section 333.21711 - License required; prohibited terms or abbreviations; license for formal or informal nursing care services; exception.
- Section 333.21712 - Name of nursing home; change in name; prohibited terms; rehabilitation services.
- Section 333.21713 - Owner, operator, and governing body of nursing home; responsibilities and duties generally.
- 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.
- Section 333.21716 - Nursing home; influenza vaccination.
- Section 333.21717 - Individuals excluded from nursing home; exception; approval of area and program.
- Section 333.21718 - Conditions of skilled nursing facility certification and participation in title 19 program; exception; exemption.
- Section 333.21719 - Immediate access to acute care facilities.
- Section 333.21720 - Nursing home administrator required.
- Section 333.21720a - Director of nursing; nursing personnel; effective date of subsection (1); natural disaster or other emergency.
- Section 333.21720b - Agreement with county community mental health program.
- Section 333.21721 - Bond required.
- Section 333.21723 - Individual responsible for receiving complaints and conducting investigations; posting information in nursing home; communication procedure; information posted on internet website;
- Section 333.21731 - Licensee considered consumer of tangible personal property.
- Section 333.21733 - Repealed. 2009, Act 188, Eff. May 1, 2010.
- Section 333.21734 - Nursing home; bed rails; provisions; guidelines; liability.
- Section 333.21735 - Requirement of emergency generator system in nursing home.
- Section 333.21741 - Rules.
- Section 333.21743 - Disclosures; public inspection.
- Section 333.21744 - Professional advice and consultation.
- 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 rec
- Section 333.21755 - Grounds for refusal to issue license.
- Section 333.21757 - Provisional license.
- Section 333.21761 - Certification of nondiscrimination; violation of rights; giving preference to members of religious or fraternal institution or organization.
- Section 333.21763 - Access to nursing home patients; purposes; requirements; termination of visit; confidentiality; complaint; determination; prohibited entry.
- Section 333.21764 - Approval or disapproval of nonprofit corporation rendering assistance without charge; appeal; decision.
- 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.
- Section 333.21765a - Certain admission conditions prohibited; enforcement of contract provisions or agreements in conflict with subsections (1) and (2).
- Section 333.21766 - Written contract.
- Section 333.21767 - Guardian, trustee, conservator, patient's representative, or protective payee for patient; receipt for money or property of patient; statement of funds.
- Section 333.21771 - Abusing, mistreating, or neglecting patient; reports; investigation; retaliation prohibited.
- Section 333.21772 - Interference with right to bring action or file complaint prohibited; retaliation prohibited.
- 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;
- Section 333.21774 - Involuntary transfer or discharge; request for hearing; informal hearing; decision; burden of proof; procedures; time for leaving facility.
- Section 333.21775 - Continuation of medicaid funding during appeal, transfer, or discharge period.
- Section 333.21776 - Transfer or discharge of patient; plan; counseling services.
- Section 333.21777 - Holding bed open during temporary absence of patient; option; title 19 patients.
- Section 333.21781 - Posting of license and other information.
- Section 333.21782 - Retention of documents for public inspection.
- Section 333.21784 - Threatening medical condition; notice; emergency treatment; comfort of patient.
- Section 333.21785 - Discontinuance of operation; notice; relocation of patients.
- Section 333.21786 - Emergency closing of nursing home.
- Section 333.21787 - Michigan public health institute; consultation and contracts.
- Section 333.21791 - Advertising; false or misleading information prohibited.
- Section 333.21792 - Commission, bonus, fee, or gratuity; violation; penalty.
- Section 333.21795 - Education and training for unlicensed nursing personnel; criteria; competency examinations; rules.
- Section 333.21796 - Insuring proper licensing of licensed personnel.
- Section 333.21799a - Nursing home; violation; complaint; investigation; disclosure; determination; listing violation and provisions violated; copies of documents; public inspection; report of violatio
- Section 333.21799b - Noncompliance; notice of finding; correction notices; hearing; verification of compliance; investigation; action; definitions; annual report; presumption.
- Section 333.21799c - Violations; penalties; computation of civil penalties; paying or reimbursing patient; rules for quality of care allowance formula.
- Section 333.21799d - Collection of civil penalty; noncompliance; order.
- Section 333.21799e - Penalties and remedies cumulative.
- 368-1978-17-221 - PART 221 CERTIFICATES OF NEED (333.22101...333.22190)
- 368-1978-17-222 - PART 222 CERTIFICATES OF NEED (333.22201...333.22260)
- Section 333.22201 - Meanings of words and phrases; principles of construction.
- Section 333.22203 - Definitions; A to F.
- Section 333.22205 - Definitions; H to M.
- Section 333.22207 - Definitions; M to S.
- Section 333.22208 - Definitions; S, T.
- Section 333.22209 - Activities requiring certificate of need; exceptions; requirements; acquisition of existing health facility; relocation; “sharing agreement” defined.
- Section 333.22210 - Certificate of need for short-term nursing care program; application; criteria; modification; fee prohibited; compliance; discrimination prohibited; exercise of rights; written ack
- Section 333.22211 - Certificate of need commission; creation; appointment, qualifications, and terms of members; vacancy; laws to which commission members subject.
- Section 333.22213 - Commission; bylaws; removal of member; election of chairperson and vice-chairperson; meetings; quorum; final action; compensation and expenses; duties of department; professional e
- Section 333.22215 - Duties of commission; purpose; public hearing before final action; submission of proposed final action to joint committee; approval or disapproval; review standards; revision of fe
- Section 333.22217 - Repealed. 2002, Act 619, Eff. Mar. 31, 2003.
- Section 333.22219 - Joint legislative committee.
- Section 333.22221 - Duties of department generally.
- Section 333.22223 - Application for certificate of need; statement addressing review criteria.
- Section 333.22224 - Certificate of need not required.
- Section 333.22224a - Magnetic resonance image units.
- Section 333.22225 - Demonstration of need for proposed project; additional requirements.
- Section 333.22226 - Regional certificate of need review agency; standards; designation of person for specific review area; requirements; duration and termination of agency; local certificate of need r
- Section 333.22227 - Health maintenance organization; purposes for which certificate of need required; capital expenditures; considerations and criteria.
- Section 333.22229 - Projects and services subject to comparative review; exceptions; establishment of comparative review or alternative procedure; proposed site for project; utilization and financing
- Section 333.22230 - Participation in medicaid program as distinct criterion.
- Section 333.22231 - Decision to grant or deny application for certificate of need; conditions; single decision for all applications; proposed decision; final decision; notice of reversal; hearing; jud
- Section 333.22232 - Hearing; written request; appointment and duties of hearing officer; governing law.
- Section 333.22233 - Waiver of criteria and procedures.
- Section 333.22235 - Waiver of law and procedural requirements and criteria for review; affidavit; emergency certificate of need.
- Section 333.22237 - Data and statistics as condition precedent to issuance of certificate of need.
- Section 333.22239 - Stipulation.
- Section 333.22241 - “New technology” defined; new technology review period; conditions to acquisition of new technology before end of review period; appointment, composition, and purpose of standing n
- Section 333.22243 - Acquisition of new technology before approval of federal food and drug administration; notice; requirements; deactivation and removal of new technology from service; conditions to
- Section 333.22247 - Monitoring compliance with certificates of need; investigating allegations of noncompliance; violation; sanctions; refund of charges.
- Section 333.22249 - Agreement authorizing hospital to lease space and operate beds in another hospital; conditions.
- Section 333.22251 - Repealed. 1993, Act 88, Imd. Eff. July 9, 1993.
- Section 333.22253 - Injunction or other process to restrain or prevent violation.
- Section 333.22255 - Procedural rules.
- Section 333.22257 - Certificate of need issued under former part 221.
- Section 333.22260 - Reports of reviews; preparation and publication; statements; recommendations; public examination of applications and written materials on file; providing copies.