Michigan Compiled Laws
368-1978-17-201 - Part 201 General Provisions (333.20101...333.20211)
Section 333.20165 - Denying, Limiting, Suspending, or Revoking License or Certification; Notice of Intent; Imposition of Administrative Fine.

Sec. 20165.
(1) Except as otherwise provided in this section, after notice of intent to an applicant or licensee to deny, limit, suspend, or revoke the applicant's or licensee's license or certification and an opportunity for a hearing, the department may deny, limit, suspend, or revoke the license or certification or impose an administrative fine on a licensee if 1 or more of the following exist:
(a) Fraud or deceit in obtaining or attempting to obtain a license or certification or in the operation of the licensed health facility or agency.
(b) A violation of this article or a rule promulgated under this article.
(c) False or misleading advertising.
(d) Negligence or failure to exercise due care, including negligent supervision of employees and subordinates.
(e) Permitting a license or certificate to be used by an unauthorized health facility or agency.
(f) Evidence of abuse regarding a patient's health, welfare, or safety or the denial of a patient's rights.
(g) Failure to comply with section 10115.
(h) Failure to comply with part 222 or a term, condition, or stipulation of a certificate of need issued under part 222, or both.
(i) A violation of section 20197(1).
(2) The department may deny an application for a license or certification based on a finding of a condition or practice that would constitute a violation of this article if the applicant were a licensee.
(3) Denial, suspension, or revocation of an individual emergency medical services personnel license under part 209 is governed by section 20958.
(4) If the department determines under subsection (1) that a health facility or agency has violated section 20197(1), the department shall impose an administrative fine of $5,000,000.00 on the health facility or agency.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1986, Act 186, Eff. Oct. 7, 1986 ;-- Am. 1988, Act 332, Eff. Oct. 1, 1988 ;-- Am. 1990, Act 179, Imd. Eff. July 2, 1990 ;-- Am. 1998, Act 108, Eff. Mar. 23, 1999 ;-- Am. 2008, Act 39, Eff. May 1, 2008 Popular Name: Act 368

<< Previous
Next >>

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.