Law & Legal & Attorney Government & administrative Law

Nursing Home Rules in Michigan

    Licensing and Certification

    • Michigan law makes licensing mandatory. Nursing homes that provide 24-hour organized care and medical treatment to seven or more people in a residential setting must be licensed by the Michigan Department of Community Health as of 2010. Certification for Medicare and Medicaid payments is voluntary. However, nursing home operators must enroll in both programs, and satisfy state and federal regulations to earn their certifications.

    Opening a Nursing Home

    • Opening a new home starts with filing a certificate of need. All architectural plans must be reviewed, and no building can start without a construction permit, according to the department. Proprietors must work with the Division of Nursing Home Monitoring throughout the process. Once construction is complete, an inspection is required. If the facility meets all requirements, an occupancy permit can than be issued.

    Criminal Background Checks

    • Criminal background checks are required under Michigan's Mental Health and Public Health Code. For staff hired after April 1, 2006, these laws require background and fingerprint checks. This applies to anyone with access to patients, including independent contractors. Employees hired after April 1, 2006, are exempt, but must self report arraignments or convictions, along with new hires, to the department. Exempt workers must also submit fingerprints as a condition of continued employment.

    Complaints and Investigations

    • Investigating allegations of abuse or noncompliance with state and federal regulations falls to the Michigan's Bureau of Health Systems, which reviews complaints about ambulatory and freestanding surgical units, hospices, home health agencies, and nursing homes. Complaints against hospitals or other non-long-term care facilities are handled by the Division of Licensing and Certification. Complaints and incident reports are entered into an automated tracking system, and the file is assigned for investigation.

    Complaint Process

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