Sec. 21718.
(1) Except as provided in subsections (3) and (4), as a condition of skilled nursing facility certification and participation in the title 19 program of the social security act, 42 USC 1396 to 1396w-5, a nursing home shall be concurrently certified for and give evidence of active participation in the title 18 program of the social security act, 42 USC 1395 to 1395kkk-1. A nursing facility that is not concurrently certified for the title 18 program on March 30, 1979 shall make application for concurrent certification not later than its next application for licensure and certification. A failure to make application shall result in the skilled nursing facility being decertified or refused certification as a provider in the title 19 program. Nursing home or nursing care facility participation in the title 18 program under the requirements for concurrent certification shall be effective not later than the beginning of the first accounting year following the home's or facility's title 18 certification.
(2) As a condition of skilled nursing facility certification, a nursing home shall obtain concurrent certification under title 19 of the social security act, 42 USC 1396 to 1396w-5, for each bed that is certified to provide skilled care under title 18 of the social security act, 42 USC 1395 to 1395kkk-1. Skilled care certification shall not be renewed unless the requirements of this subsection are met.
(3) An exception may be made from the requirements of subsection (1) for a nursing facility that is currently certified as a skilled nursing facility by the director for title 19 participation but has been determined, after making application, to be ineligible for title 18 certification by the secretary of the United States department of health and human services.
(4) A home or facility, or a distinct part of a home or facility, certified by the director as a special mental illness or a special developmental disability nursing home or nursing care facility is exempt from the requirements of subsection (1).
History: Add. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 2014, Act 66, Imd. Eff. Mar. 28, 2014 Popular Name: Act 368
Structure Michigan Compiled Laws
Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)
Article 17 - Facilities and Agencies (333.20101...333.22260)
368-1978-17-217 - Part 217 Nursing Homes (333.21701...333.21799e)
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 333.21712 - Name of Nursing Home; Change in Name; Prohibited Terms; Rehabilitation Services.
Section 333.21716 - Nursing Home; Influenza Vaccination.
Section 333.21719 - Immediate Access to Acute Care Facilities.
Section 333.21720 - Nursing Home Administrator Required.
Section 333.21720b - Agreement With County Community Mental Health Program.
Section 333.21721 - Bond Required.
Section 333.21731 - Licensee Considered Consumer of Tangible Personal Property.
Section 333.21733 - Repealed. 2009, Act 188, Eff. May 1, 2010.
Section 333.21735 - Requirement of Emergency Generator System in Nursing Home.
Section 333.21743 - Disclosures; Public Inspection.
Section 333.21744 - Professional Advice and Consultation.
Section 333.21755 - Grounds for Refusal to Issue License.
Section 333.21757 - Provisional License.
Section 333.21766 - Written Contract.
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 333.21794 - Use of Dining Assistant to Provide Feeding Assistance to Nursing Home Patient.
Section 333.21796 - Insuring Proper Licensing of Licensed Personnel.
Section 333.21799d - Collection of Civil Penalty; Noncompliance; Order.