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

Mich. Comp. Laws § 333.20106 (2026)

Definitions; H.

✓ current as of July 2026
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PUBLIC HEALTH CODE


Act 368 of 1978


333.20106 Definitions; H.

Sec. 20106.

    (1) "Health facility or agency", except as provided in section 20115, means:

    (a) An ambulance operation, aircraft transport operation, nontransport prehospital life support operation, or medical first response service.

    (b) A county medical care facility.

    (c) A freestanding surgical outpatient facility.

    (d) A health maintenance organization.

    (e) A home for the aged.

    (f) A hospital.

    (g) A nursing home.

    (h) A hospice.

    (i) A hospice residence.

    (j) A facility or agency listed in subdivisions (a) to (g) located in a university, college, or other educational institution.

    (k) A freestanding birth center.

    (2) "Health maintenance organization" means that term as defined in section 3501 of the insurance code of 1956, 1956 PA 218, MCL 500.3501.

    (3) "Home for the aged" means a supervised personal care facility at a single address, other than a hotel, adult foster care facility, hospital, nursing home, or county medical care facility that provides room, board, and supervised personal care to 21 or more unrelated, nontransient individuals 55 years of age or older. Home for the aged includes a supervised personal care facility for 20 or fewer individuals 55 years of age or older if the facility is operated in conjunction with and as a distinct part of a licensed nursing home. Home for the aged does not include an area excluded from this definition by section 17(3) of the continuing care community disclosure act, 2014 PA 448, MCL 554.917.

    (4) "Hospice" means a health care program that provides a coordinated set of services rendered at home or in outpatient or institutional settings for individuals suffering from a disease or condition with a terminal prognosis.

    (5) "Hospital" means a facility offering inpatient, overnight care, and services for observation, diagnosis, and active treatment of an individual with a medical, surgical, obstetric, chronic, or rehabilitative condition requiring the daily direction or supervision of a physician. Hospital does not include a mental health hospital licensed or operated by the department of health and human services or a hospital operated by the department of corrections.

    (6) "Hospital long-term care unit" means a nursing care facility, owned and operated by and as part of a hospital, providing organized nursing care and medical treatment to 7 or more unrelated individuals suffering or recovering from illness, injury, or infirmity.

    

    

History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1980, Act 293, Eff. Mar. 31, 1981 ;-- Am. 1981, Act 79, Imd. Eff. June 30, 1981 ;-- Am. 1982, Act 354, Imd. Eff. Dec. 21, 1982 ;-- Am. 1984, Act 311, Eff. Mar. 29, 1985 ;-- Am. 1990, Act 179, Imd. Eff. July 2, 1990 ;-- Am. 1996, Act 267, Imd. Eff. June 12, 1996 ;-- Am. 2000, Act 253, Imd. Eff. June 29, 2000 ;-- Am. 2014, Act 449, Imd. Eff. Jan. 2, 2015 ;-- Am. 2015, Act 104, Eff. Oct. 1, 2015 ;-- Am. 2017, Act 167, Eff. Feb. 11, 2018 ;-- Am. 2024, Act 252, Eff. Apr. 2, 2025

PopularName Notes:

Act 368
Notes of Decisions
Cited in 23 cases (5 in the last 5 years), 1984–2025 · leading case: Potter v. McLeary, 774 N.W.2d 1 (Mich. 2009).
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Potter v. McLeary, 774 N.W.2d 1 (Mich. 2009). · cites it 20× “See MCL 333.20106(1). [7] Despite the limited grant order, the parties addressed the content of the NOI and whether it was defective in their briefing and in oral argument while advancing their respective positions.”
Tryc v Michigan Vets.’ Facility, 545 N.W.2d 642 (Mich. 1996). · cites it 6× “The 1986 amendment creating the public hospital exception to the governmental immunity statute used virtually identical language to define "hospital" as the Public Health Code in M.”
People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018). · cites it 3× “A "psychiatric unit" is "a unit of a general hospital that provides inpatient services for individuals with serious mental illness or serious emotional disturbance," and as used in this definition, " 'general hospital' means a hospital as defined in section 20106 of the public…”
Ross v. Blue Care Network of Michigan, 747 N.W.2d 828 (Mich. 2008). · cites it 2× “253 (SB 1211) amended MCL 333.20106, MCL 333.20124, MCL 333.20161, and MCL 333.”
Kuznar v. Raksha Corp., 750 N.W.2d 121 (Mich. 2008). “(b) A clinical laboratory (c) A county medical care facility (d) A freestanding surgical outpatient facility.”
Burton v. William Beaumont Hosp., 373 F. Supp. 2d 707 (E.D. Mich. 2005). “§ 333.20106. The code provides that a health facility’s license can be denied, limited, suspended, or revoked for a number of reasons, including “the denial of a patient’s rights.”
Jamieson v. Luce-Mackinac-Alger-Schoolcraft Dist. Health Dep't, 497 N.W.2d 551 (Mich. Ct. App. 1993). · cites it 2× “" Defendant district health department in its brief articulates this distinction as follows: The latter term [county medical care facility] is a species of "health facility" under MCLA 333.20106(1)(c) [MSA 14.15(20106)(1)(c)], and as such, it must be licensed and can only be…”
Winklepleck v. Michigan Vets.' Facility, 491 N.W.2d 251 (Mich. Ct. App. 1992). · cites it 2× “MCL 333.20106(1); MSA 14.15(20106)(1). A "nursing home” is defined in the Public Health Code as follows: "Nursing home” means a nursing care facility, including a county medical care facility, but excluding a hospital or a facility created by Act No.”
Canterbury Health Care, Inc v. Dep't of Treasury, 558 N.W.2d 444 (Mich. Ct. App. 1997). “” MCL 333.20106(5); MSA 14.15(20106)(5). The department denied Canterbury’s application for an exemption for Granger because the nursing center did not qualify as a hospital.”
Natsch v. City of Southfield, 397 N.W.2d 294 (Mich. Ct. App. 1986). “MCL 333.20106(1)(a); MSA 14.15(20106)(1)(a).”
Berrien Cnty. v. Michigan, 357 N.W.2d 764 (Mich. Ct. App. 1984). · cites it 2× “They also direct this Court’s attention to MCL 333.20106(6); MSA 14.15(20106X6), which states: "(6) 'Hospital long-term care unit’ means a nursing care facility, owned and operated by and as part of a hospital, providing organized nursing care and medical treatment to 7 or more…”
Est. of Aaron Kelly Miller v. Angels' Place Inc (Mich. Ct. App. 2020). · cites it 8× “The list set forth in MCL 333.20106 defines “health facility or agency,” except as provided in MCL 333.”
Show all 23 citing cases →
— Mich. Comp. Laws § 333.20106(1) — 9 cases
Potter v. McLeary, 774 N.W.2d 1 (Mich. 2009). “See MCL 333.20106(1). [7] Despite the limited grant order, the parties addressed the content of the NOI and whether it was defective in their briefing and in oral argument while advancing their respective positions.”
Kuznar v. Raksha Corp., 750 N.W.2d 121 (Mich. 2008). “(b) A clinical laboratory (c) A county medical care facility (d) A freestanding surgical outpatient facility.”
Winklepleck v. Michigan Vets.' Facility, 491 N.W.2d 251 (Mich. Ct. App. 1992). “MCL 333.20106(1); MSA 14.15(20106)(1). A "nursing home” is defined in the Public Health Code as follows: "Nursing home” means a nursing care facility, including a county medical care facility, but excluding a hospital or a facility created by Act No.”
Brian Potter v. Richard C McLeary Md (Mich. 2009).
Est. of Aaron Kelly Miller v. Angels' Place Inc (Mich. Ct. App. 2020). “The list set forth in MCL 333.20106 defines “health facility or agency,” except as provided in MCL 333.”
— Mich. Comp. Laws § 333.20106(1)(a) — 1 case
Natsch v. City of Southfield, 397 N.W.2d 294 (Mich. Ct. App. 1986). “MCL 333.20106(1)(a); MSA 14.15(20106)(1)(a).”
— Mich. Comp. Laws § 333.20106(1)(c) — 3 cases
Jamieson v. Luce-Mackinac-Alger-Schoolcraft Dist. Health Dep't, 497 N.W.2d 551 (Mich. Ct. App. 1993). “" Defendant district health department in its brief articulates this distinction as follows: The latter term [county medical care facility] is a species of "health facility" under MCLA 333.20106(1)(c) [MSA 14.15(20106)(1)(c)], and as such, it must be licensed and can only be…”
Noel Dorsey v. Surgical Inst. of Michigan LLC (Mich. Ct. App. 2021).
Noel Dorsey v. Surgical Inst. of Michigan LLC (Mich. Ct. App. 2021).
— Mich. Comp. Laws § 333.20106(1)(f) — 1 case
Warren Franklin v. McLaren Flint (Mich. Ct. App. 2024).
— Mich. Comp. Laws § 333.20106(1)(g) — 2 cases
Potter v. McLeary, 774 N.W.2d 1 (Mich. 2009). “See MCL 333.20106(1). [7] Despite the limited grant order, the parties addressed the content of the NOI and whether it was defective in their briefing and in oral argument while advancing their respective positions.”
Brian Potter v. Richard C McLeary Md (Mich. 2009).
— Mich. Comp. Laws § 333.20106(5) — 7 cases
Tryc v Michigan Vets.’ Facility, 545 N.W.2d 642 (Mich. 1996). “The 1986 amendment creating the public hospital exception to the governmental immunity statute used virtually identical language to define "hospital" as the Public Health Code in M.”
People v. Portus (In Re Portus), 926 N.W.2d 33 (Mich. Ct. App. 2018). “A "psychiatric unit" is "a unit of a general hospital that provides inpatient services for individuals with serious mental illness or serious emotional disturbance," and as used in this definition, " 'general hospital' means a hospital as defined in section 20106 of the public…”
Canterbury Health Care, Inc v. Dep't of Treasury, 558 N.W.2d 444 (Mich. Ct. App. 1997). “” MCL 333.20106(5); MSA 14.15(20106)(5). The department denied Canterbury’s application for an exemption for Granger because the nursing center did not qualify as a hospital.”
Winklepleck v. Michigan Vets.' Facility, 491 N.W.2d 251 (Mich. Ct. App. 1992). “MCL 333.20106(1); MSA 14.15(20106)(1). A "nursing home” is defined in the Public Health Code as follows: "Nursing home” means a nursing care facility, including a county medical care facility, but excluding a hospital or a facility created by Act No.”
in Re Charles Frederick Portus (Mich. Ct. App. 2018).
— Mich. Comp. Laws § 333.20106(6) — 1 case
Berrien Cnty. v. Michigan, 357 N.W.2d 764 (Mich. Ct. App. 1984). “They also direct this Court’s attention to MCL 333.20106(6); MSA 14.15(20106X6), which states: "(6) 'Hospital long-term care unit’ means a nursing care facility, owned and operated by and as part of a hospital, providing organized nursing care and medical treatment to 7 or more…”
— Mich. Comp. Laws § 333.20106(l)(a) — 1 case
Omelenchuk v. City of Warren, 609 N.W.2d 177 (Mich. 2000).
— Mich. Comp. Laws § 333.20106(l)(c) — 1 case
Jamieson v. Luce-Mackinac-Alger-Schoolcraft Dist. Health Dep't, 497 N.W.2d 551 (Mich. Ct. App. 1993). “" Defendant district health department in its brief articulates this distinction as follows: The latter term [county medical care facility] is a species of "health facility" under MCLA 333.20106(1)(c) [MSA 14.15(20106)(1)(c)], and as such, it must be licensed and can only be…”
— Mich. Comp. Laws § 333.20106(l)(g) — 1 case
Potter v. McLeary, 774 N.W.2d 1 (Mich. 2009). “See MCL 333.20106(1). [7] Despite the limited grant order, the parties addressed the content of the NOI and whether it was defective in their briefing and in oral argument while advancing their respective positions.”
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