Michigan Compiled Laws
368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211)
Section 333.20106 - Definitions; H.

Sec. 20106.
(1) "Health facility or agency", except as provided in section 20115, means:
(a) An ambulance operation, aircraft transport operation, nontransport prehospital life support operation, or medical first response service.
(b) A county medical care facility.
(c) A freestanding surgical outpatient facility.
(d) A health maintenance organization.
(e) A home for the aged.
(f) A hospital.
(g) A nursing home.
(h) A hospice.
(i) A hospice residence.
(j) A facility or agency listed in subdivisions (a) to (g) located in a university, college, or other educational institution.
(2) "Health maintenance organization" means that term as defined in section 3501 of the insurance code of 1956, 1956 PA 218, MCL 500.3501.
(3) "Home for the aged" means a supervised personal care facility at a single address, other than a hotel, adult foster care facility, hospital, nursing home, or county medical care facility that provides room, board, and supervised personal care to 21 or more unrelated, nontransient, individuals 55 years of age or older. Home for the aged includes a supervised personal care facility for 20 or fewer individuals 55 years of age or older if the facility is operated in conjunction with and as a distinct part of a licensed nursing home. Home for the aged does not include an area excluded from this definition by section 17(3) of the continuing care community disclosure act, 2014 PA 448, MCL 554.917.
(4) "Hospice" means a health care program that provides a coordinated set of services rendered at home or in outpatient or institutional settings for individuals suffering from a disease or condition with a terminal prognosis.
(5) "Hospital" means a facility offering inpatient, overnight care, and services for observation, diagnosis, and active treatment of an individual with a medical, surgical, obstetric, chronic, or rehabilitative condition requiring the daily direction or supervision of a physician. Hospital does not include a mental health hospital licensed or operated by the department of health and human services or a hospital operated by the department of corrections.
(6) "Hospital long-term care unit" means a nursing care facility, owned and operated by and as part of a hospital, providing organized nursing care and medical treatment to 7 or more unrelated individuals suffering or recovering from illness, injury, or infirmity.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1980, Act 293, Eff. Mar. 31, 1981 ;-- Am. 1981, Act 79, Imd. Eff. June 30, 1981 ;-- Am. 1982, Act 354, Imd. Eff. Dec. 21, 1982 ;-- Am. 1984, Act 311, Eff. Mar. 29, 1985 ;-- Am. 1990, Act 179, Imd. Eff. July 2, 1990 ;-- Am. 1996, Act 267, Imd. Eff. June 12, 1996 ;-- Am. 2000, Act 253, Imd. Eff. June 29, 2000 ;-- Am. 2014, Act 449, Imd. Eff. Jan. 2, 2015 ;-- Am. 2015, Act 104, Eff. Oct. 1, 2015 ;-- Am. 2017, Act 167, Eff. Feb. 11, 2018 Popular Name: Act 368

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Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 333 - Health

Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)

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 G.

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; Rules Differentiating Freestanding Surgical Outpatient Facility From Private Office; Republication of Certain Rules; Waiver or Modification; Information to Be Provided t...

Section 333.20121-333.20127 - Repealed. 2022, Act 187, Imd. Eff. July 25, 2022.

Section 333.20131 - Comprehensive System of Licensure and Certification; Establishment; Purpose; Certification of Health Facility or Agency; Coordination, Cooperation, and Agreements; Public Disclosure.

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 Service Establishment; Compliance.

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 Data and Statistics.

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; Public Information; Review and Approval of Architectural Plans and Narrative; Rules; Wai...

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 - Visit to Health Facility or Agency; Survey and Evaluation for Purpose of Licensure; Nursing Home Surveyor; Criminal History Check; Survey Team; Composition and Membership; Waiver; Confidentiality of Accreditation Information; Limi...

Section 333.20155a - Repealed. 2022, Act 187, Imd. Eff. July 25, 2022.

Section 333.20156 - Entering Premises of Applicant or Licensee; Enforcement of Rules; Review and Inspection of Existing Facilities; Amendment of Rules; Verification of Existing Facilities; Certificate of Approval From Bureau of Fire Services; Applica...

Section 333.20158 - Biannual Inspection Reports for Certain Entities.

Section 333.20161 - Fees and Assessments for Health Facility and Agency Licenses and Certificates of Need; Schedule; Fees; Use of Quality Assurance Assessment; Tax Levy; Notification to Ambulance Operation; Definitions.

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; Order to Licensee Upon Finding of Noncompliance; Not...

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 and Certification.

Section 333.20165 - Denying, Limiting, Suspending, or Revoking License or Certification; Notice of Intent; Imposition of Administrative Fine.

Section 333.20165a - Action Against Health Facility's Treatment as Authorized Under Right to Try Act; Definitions.

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 Appear and Give Testimony; Contempt; Failure to S...

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; Rules Subject to MCL 554.917.

Section 333.20172 - Policies and Procedures; Publication and Distribution.

Section 333.20173 - Repealed. 2006, Act 28, Eff. Apr. 1, 2006.

Section 333.20173a - Covered Facility; Employees or Applicants for Employment; Prohibitions; Criminal History Check; Procedure; Conditional Employment or Clinical Privileges; Knowingly Providing False Information as Misdemeanor; Prohibited Use or Dis...

Section 333.20173b - Individual Disqualified or Denied Employment Pursuant to MCL 333.20173, 333.20173a, or 330.1134a; Appeal; Report to Legislature; "Business Day" Defined.

Section 333.20174 - Practice Agreement; Designation of Physician by Health Facility or Agency.

Section 333.20175 - Maintaining Record for Each Patient; Confidentiality; Wrongfully Altering or Destroying Records; Noncompliance; Fine; Licensing and Certification Records as Public Records; Confidentiality; Disclosure; Report or Notice of Discipli...

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” Defined.

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; Disclosure of Identity; Notice; “Hospital” Defined.

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 333.20189 - Licensure Under the Interstate Medical Licensure Compact as Condition of Employment; Prohibit.

Section 333.20189a - Written Practice Agreement; Condition of Employment; Prohibited.

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 Misdemeanor; Liability; Definitions.

Section 333.20192 - Do-Not-Resuscitate Order; Execution Not Required.

Section 333.20192a - Post Form as Condition for Admission or Receipt of Services; Requirement Prohibited.

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; Contents; Additional Requirements; Discharging, Harassing, Retaliating, or Discriminating Against Patient Exercising Protected Right; Exerc...

Section 333.20202 - Responsibilities of Patient or Resident.

Section 333.20203 - Guidelines; Immunity; Other Remedies at Law Neither Expanded nor Diminished.

Section 333.20211 - Repealed. 2022, Act 187, Imd. Eff. July 25, 2022.