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
PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978
333.22210 Certificate of need for short-term nursing care program; application; criteria; modification; fee prohibited; compliance; discrimination prohibited; exercise of rights; written acknowledgment; forms; additional rights; variation; rules; violation; penalty; certificate required.
Sec. 22210.
(1) A hospital that applies to the department for a certificate of need and meets all of the following criteria shall be granted a certificate of need for a short-term nursing care program with up to 10 licensed hospital beds:
(a) Is eligible to apply for certification as a provider of swing-bed services under section 1883 of title XVIII, 42 USC 1395tt.
(b) Subject to subsection (2), has fewer than 100 licensed beds not counting beds excluded under section 1883 of title XVIII, 42 USC 1395tt.
(c) Does not have uncorrected licensing, certification, or safety deficiencies for which the department or the bureau of fire services created in section 1b of the fire prevention code, 1941 PA 207, MCL 29.1b, or both, has not accepted a plan of correction.
(d) Provides evidence satisfactory to the department that the hospital has had difficulty in placing patients in skilled nursing home beds during the 12 months immediately preceding the date of the application.
(2) After October 1, 1990, the criteria set forth in subsection (1)(b) may be modified by the commission, using the procedure set forth in section 22215(3). The department shall not charge a fee for processing a certificate of need application to initiate a short-term nursing care program.
(3) A hospital that is granted a certificate of need for a short-term nursing care program under subsection (1) shall comply with all of the following:
(a) Not charge for or otherwise attempt to recover the cost of a length of stay for a patient in the short-term nursing care program that exceeds the length of time allowed for post-hospital extended care under title XVIII.
(b) Admit patients to the short-term nursing care program only pursuant to an admissions contract approved by the department.
(c) Not discharge or transfer a patient from a licensed hospital bed other than a hospital long-term care unit bed and admit that patient to the short-term nursing care program unless the discharge or transfer and admission is determined medically appropriate by the attending physician.
(d) Permit access to a representative of an organization approved under section 21764 to patients admitted to the short-term nursing care program, for all of the purposes described in section 21763.
(e) Subject to subsection (8), not allow the number of patient days for the short-term nursing care program to exceed the equivalent of 1,825 patient days for a single state fiscal year.
(f) Transfer a patient in the short-term nursing care program to an appropriately certified nursing home bed, county medical care facility bed, or hospital long-term care unit bed located within a 50-mile radius of the patient's residence within 5 business days after the hospital has been notified, either orally or in writing, that a bed has become available.
(g) Not charge or collect from a patient admitted to the short-term nursing care program, for services rendered as part of the short-term nursing care program, an amount in excess of the reasonable charge for the services as determined by the United States secretary of health and human services under title XVIII.
(h) Assist a patient who has been denied coverage for services received in a short-term nursing care program under title XVIII to file an appeal with the medicare recovery project operated by the office of services to the aging.
(i) Operate the short-term nursing care program in accordance with this section and the requirements of the swing bed provisions of section 1883 of title XVIII, 42 USC 1395tt.
(j) Provide data to the department considered necessary by the department to evaluate the short-term nursing care program. The data shall include, but is not limited to, all of the following:
(i) The total number of patients admitted to the hospital's short-term nursing care program during the period specified by the department.
(ii) The total number of short-term nursing care patient days for the period specified by the department.
(iii) Information identifying the type of care to which patients in the short-term care nursing program are released.
(k) As part of the hospital's policy describing the rights and responsibilities of patients admitted to the hospital, as required under section 20201, incorporate all of the following additional rights and responsibilities for patients in the short-term nursing care program:
(i) A copy of the hospital's policy shall be provided to each short-term nursing care patient upon admission, and the staff of the hospital shall be trained and involved in the implementation of the policy.
(ii) Each short-term nursing care patient may associate and communicate privately with persons of his or her choice. Reasonable, regular visiting hours, which shall take into consideration the special circumstances of each visitor, shall be established for short-term nursing care patients to receive visitors. A short-term nursing care patient may be visited by the patient's attorney or by representatives of the departments named in section 20156 during other than established visiting hours. Reasonable privacy shall be afforded for visitation of a short-term nursing care patient who shares a room with another short-term nursing care patient. Each short-term nursing care patient shall have reasonable access to a telephone.
(iii) A short-term nursing care patient is entitled to retain and use personal clothing and possessions as space permits, unless medically contraindicated, as documented by the attending physician in the medical record.
(iv) A short-term nursing care patient is entitled to the opportunity to participate in the planning of his or her medical treatment. A short-term nursing care patient shall be fully informed by the attending physician of the short-term nursing care patient's medical condition, unless medically contraindicated, as documented by a physician in the medical record. Each short-term nursing care patient shall be afforded the opportunity to discharge himself or herself from the short-term nursing care program.
(v) A short-term nursing care patient is entitled to be fully informed either before or at the time of admission, and during his or her stay, of services available in the hospital and of the related charges for those services. The statement of services provided by the hospital shall be in writing and shall include those services required to be offered on an as needed basis.
(vi) A patient in a short-term nursing care program or a person authorized in writing by the patient may, upon submission to the hospital of a written request, inspect and copy the patient's personal or medical records. The hospital shall make the records available for inspection and copying within a reasonable time, not exceeding 7 days, after the receipt of the written request.
(vii) A short-term nursing care patient has the right to have his or her parents, if the short-term nursing care patient is a minor, or his or her spouse, next of kin, or patient's representative, if the short-term nursing care patient is an adult, stay at the facility 24 hours a day if the short-term nursing care patient is considered terminally ill by the physician responsible for the short-term nursing care patient's care.
(viii) Each short-term nursing care patient shall be provided with meals that meet the recommended dietary allowances for that patient's age and sex and that may be modified according to special dietary needs or ability to chew.
(ix) Each short-term nursing care patient has the right to receive a representative of an organization approved under section 21764, for all of the purposes described in section 21763.
(l) Achieve and maintain medicare certification under title XVIII.
(4) A hospital or the owner, administrator, an employee, or a representative of the hospital shall not discharge, harass, or retaliate or discriminate against a short-term nursing care patient because the short-term nursing care patient has exercised a right described in subsection (3)(k).
(5) In the case of a short-term nursing care patient, the rights described in subsection (3)(k)(iv) may be exercised by the patient's representative, as defined in section 21703(2).
(6) A short-term nursing care patient shall be fully informed, as evidenced by the short-term nursing care patient's written acknowledgment, before or at the time of admission and during stay, of the rights described in subsection (3)(k). The written acknowledgment shall provide that if a short-term nursing care patient is adjudicated incompetent and not restored to legal capacity, the rights and responsibilities set forth in subsection (3)(k) shall be exercised by a person designated by the short-term nursing care patient. The hospital shall provide proper forms for the short-term nursing care patient to provide for the designation of this person at the time of admission.
(7) Subsection (3)(k) does not prohibit a hospital from establishing and recognizing additional rights for short-term nursing care patients.
(8) Upon application, the department may grant a variation from the maximum number of patient days established under subsection (3)(e), to an applicant hospital that demonstrates to the satisfaction of the department that there is an immediate need for skilled nursing beds within a 100-mile radius of the hospital. A variation granted under this subsection shall be valid for not more than 1 year after the date the variation is granted. The department shall promulgate rules to implement this subsection including, at a minimum, a definition of immediate need and the procedure for applying for a variation.
(9) A hospital that violates subsection (3) is subject to the penalty provisions of section 20165.
(10) A person shall not initiate a short-term nursing care program without first obtaining a certificate of need under this section.
History: Add. 1988, Act 308, Eff. Oct. 1, 1988 ;-- Am. 1990, Act 260, Imd. Eff. Oct. 15, 1990 ;-- Am. 1993, Act 88, Imd. Eff. July 9, 1993 ;-- Am. 2006, Act 195, Imd. Eff. June 19, 2006
Compiler's Notes: For transfer of powers and duties of state fire marshal to department of labor and economic growth, bureau of construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
Popular Name: Act 368