Mich. Comp. Laws » Michigan Compiled Laws / Chapter 333 / Act 368 of 1978

Mich. Comp. Laws § 333.20104

Definitions; C to G.

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PUBLIC HEALTH CODE


Act 368 of 1978


333.20104 Definitions; C to G.

Sec. 20104.

    (1) Except as otherwise provided in part 221, "certification" means the issuance of a document by the department to a health facility or agency attesting to the fact that the health facility or agency meets both of the following:

    (a) It complies with applicable statutory and regulatory requirements and standards.

    (b) It is eligible to participate as a provider of care and services in a specific federal or state health program.

    (2) "Consumer" means a person who is not a health care provider as that term is defined in 42 USC 300jj.

    (3) "County medical care facility" means a nursing care facility, other than a hospital long-term care unit, that provides organized nursing care and medical treatment to 7 or more unrelated individuals who are suffering or recovering from illness, injury, or infirmity and that is owned by a county or counties.

    (4) "Department" means the department of licensing and regulatory affairs.

    (5) "Direct access" means access to a patient or resident or to a patient's or resident's property, financial information, medical records, treatment information, or any other identifying information.

    (6) "Director" means the director of the department.

    (7) "Freestanding birth center" means that term as defined in section 20701.

    (8) "Freestanding surgical outpatient facility" means a facility, other than the office of a physician, dentist, podiatrist, or other private practice office, offering a surgical procedure and related care that in the opinion of the attending physician can be safely performed without requiring overnight inpatient hospital care. Freestanding surgical outpatient facility does not include a surgical outpatient facility owned by and operated as part of a hospital.

    (9) "Good moral character" means that term as defined in, and determined under, 1974 PA 381, MCL 338.41 to 338.47.

    

    

History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 2010, Act 381, Imd. Eff. Dec. 22, 2010 ;-- Am. 2015, Act 104, Eff. Oct. 1, 2015 ;-- Am. 2015, Act 155, Eff. Jan. 18, 2016 ;-- Am. 2022, Act 187, Imd. Eff. July 25, 2022 ;-- Am. 2024, Act 252, Eff. Apr. 2, 2025

Compiler's Notes:

    For transfer of powers and duties of department of licensing and regulatory affairs relative to registration, licensing, or regulation of professional occupations arising from part 209 of the public health code, including board, commission, council, or similar entity providing regulation of health professionals under part 209 of article 17 of the public health code to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.

PopularName Notes:

Act 368
Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 1981–2021 · leading case: Hyde v. University of Michigan Board of Regents
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Hyde v. University of Michigan Board of Regents (1986) mich · cites it 10× “368 of the Public Acts of 1978, being section 333.20104 of the Michigan Compiled Laws.”
Lowe v. Estate Motors Ltd. (1987) mich · cites it 4× “368 of the Public Acts of 1978, being section 333.20104 of the Michigan Compiled Laws.”
Jamieson v. Luce-Mackinac-Alger-Schoolcraft District Health Department (1993) michctapp · cites it 6× “] *109 A "county medical care facility" is defined in MCL 333.20104; MSA 14.15(20104) as a nursing care facility, other than a hospital long-term care unit, which provides organized nursing care and medical treatment to 7 or more unrelated individuals who are suffering or…”
Birth Control Centers, Inc. v. Reizen (1981) mied “§ 333.20104(5) (M.S.A. § 14.-15(20104(5)).”
Birth Control Centers, Inc. v. Reizen (1984) ca6 “Mich.Comp.Laws § 333.20104(5). The State of Michigan requires that a FSOF (a) Be organized, administered, staffed, and equipped to provide on a regular and scheduled basis major and minor surgical procedures outside a hospital which in a physician’s judgment may be safely…”
Noel Dorsey v. Surgical Institute of Michigan LLC (2021) michctapp · cites it 2× “It is undisputed that SIM is a freestanding surgical outpatient facility, as defined by MCL 333.20104(7),6 and therefore also a health facility or agency under MCL 333.”
Noel Dorsey v. Surgical Institute of Michigan LLC (2021) michctapp · cites it 2× “It is undisputed that SIM is a freestanding surgical outpatient facility, as defined by MCL 333.20104(7),6 and therefore also a health facility or agency under MCL 333.”
Estate of Aaron Kelly Miller v. Angels' Place Inc (2020) michctapp “” “Certification” is defined in MCL 333.20104 as “the issuance of a document by the department to a health facility or agency attesting to the fact that the health facility or agency .”
Maple Manor Rehab Center LLC v. Department of Treasury (2021) mich “”); with MCL 333.20104(4) (located within article 17 of the Public Health Code, MCL 333.”
— Mich. Comp. Laws § 333.20104(4) — 1 case
Maple Manor Rehab Center LLC v. Department of Treasury (2021) mich “”); with MCL 333.20104(4) (located within article 17 of the Public Health Code, MCL 333.”
— Mich. Comp. Laws § 333.20104(5) — 2 cases
Birth Control Centers, Inc. v. Reizen (1981) mied “§ 333.20104(5) (M.S.A. § 14.-15(20104(5)).”
Birth Control Centers, Inc. v. Reizen (1984) ca6 “Mich.Comp.Laws § 333.20104(5). The State of Michigan requires that a FSOF (a) Be organized, administered, staffed, and equipped to provide on a regular and scheduled basis major and minor surgical procedures outside a hospital which in a physician’s judgment may be safely…”
— Mich. Comp. Laws § 333.20104(7) — 2 cases
Noel Dorsey v. Surgical Institute of Michigan LLC (2021) michctapp “It is undisputed that SIM is a freestanding surgical outpatient facility, as defined by MCL 333.20104(7),6 and therefore also a health facility or agency under MCL 333.”
Noel Dorsey v. Surgical Institute of Michigan LLC (2021) michctapp “It is undisputed that SIM is a freestanding surgical outpatient facility, as defined by MCL 333.20104(7),6 and therefore also a health facility or agency under MCL 333.”
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