Sec. 21771.
(1) A licensee, nursing home administrator, or employee of a nursing home shall not physically, mentally, or emotionally abuse, mistreat, or harmfully neglect a patient.
(2) A nursing home employee who has reasonable suspicion of an act prohibited by this section shall report the suspicion to the nursing home administrator or nursing director and to the department as required by federal regulations. A nursing home administrator or nursing director who has reasonable suspicion of an act prohibited by this section shall report the suspicion by telephone to the department and 1 or more law enforcement entities as required by federal regulations.
(3) Any individual may report a violation of this section to the department.
(4) A physician or other licensed health care personnel who has reasonable suspicion of an act prohibited by this section shall report the suspicion to the department and 1 or more law enforcement entities as required by federal regulations.
(5) On the receipt of a report made under this section, the department shall make an investigation. The department may require the individual making the report to submit a written report or to supply additional information, or both.
(6) A nursing home employee, licensee, or nursing home administrator shall not evict, harass, dismiss, or retaliate against a patient, a patient's representative, or an employee who makes a report under this section.
(7) An individual required to report an act or a reasonable suspicion under subsection (2) or (4) is not required to report the act or suspicion to the department or 1 or more local law enforcement entities if the individual knows that another individual has already reported the act or suspicion as required by this section.
History: Add. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 2012, Act 174, Imd. Eff. June 19, 2012 ;-- Am. 2022, Act 187, Imd. Eff. July 25, 2022 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.