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

Mich. Comp. Laws § 333.20109

Definitions; N to S.

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PUBLIC HEALTH CODE


Act 368 of 1978


333.20109 Definitions; N to S.

Sec. 20109.

    (1) "Nursing home" means a nursing care facility, including a county medical care facility, that provides organized nursing care and medical treatment to 7 or more unrelated individuals suffering or recovering from illness, injury, or infirmity. As used in this subsection, "medical treatment" includes treatment by an employee or independent contractor of the nursing home who is an individual licensed or otherwise authorized to engage in a health profession under part 170 or 175. Nursing home does not include any of the following:

    (a) A unit in a state correctional facility.

    (b) A hospital.

    (c) A veterans facility created under 1885 PA 152, MCL 36.1 to 36.12.

    (d) A hospice residence that is licensed under this article.

    (e) A hospice that is certified under 42 CFR 418.100.

    (2) "Person" means that term as defined in section 1106 or a governmental entity.

    (3) "Public member" means a member of the general public who is not a provider; who does not have an ownership interest in or contractual relationship with a nursing home other than a resident contract; who does not have a contractual relationship with a person who does substantial business with a nursing home; and who is not the spouse, parent, sibling, or child of an individual who has an ownership interest in or contractual relationship with a nursing home, other than a resident contract.

    (4) "Skilled nursing facility" means a hospital long-term care unit, nursing home, county medical care facility, or other nursing care facility, or a distinct part thereof, certified by the department to provide skilled nursing care.

History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1978, Act 493, Eff. Mar. 30, 1979 ;-- Am. 1991, Act 39, Imd. Eff. June 11, 1991 ;-- Am. 1996, Act 224, Eff. June 12, 1996 ;-- Am. 2015, Act 156, Eff. Jan. 18, 2016

PopularName Notes:

Act 368
Notes of Decisions
Cited in 8 cases, 1984–2020 · leading case: Tryc v Michigan Veterans’ Facility
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Tryc v Michigan Veterans’ Facility (1996) mich · cites it 2× “§ 333.20109(1); M.S.A. § 14.15(20109)(1) that would accurately define the kind of care the facility provides, except that the code specifically excludes the facility from the definition: "Nursing home" means a nursing care facility, including a county medical care facility, but…”
Jamieson v. Luce-Mackinac-Alger-Schoolcraft District Health Department (1993) michctapp · cites it 2× “Because a "nursing home" is statutorily defined by the Public Health Code as a "nursing care facility," MCL 333.20109(1); MSA 14.15(20109)(1), we view the terms as synonymous.”
Winklepleck v. Michigan Veterans' Facility (1992) michctapp · cites it 2× “[MCL 333.20109(1); MSA 14.15(20109X1). Emphasis added.”
Berrien County v. Michigan (1984) michctapp “(1) 'Nursing home’ means a nursing care facility, including a county medical care facility, but excluding a hospital or a facility created by Act No. 152 of the Public Acts of 1885, as amended, being sections 36.”
Estate of Aaron Kelly Miller v. Angels' Place Inc (2020) michctapp · cites it 2× “20108(1), or MCL 333.20109(4)] is considered a health facility or agency.”
Jawad a Shah Md Pc v. Fremont Insurance Company (2019) michctapp “-3- MCL 333.20109(1) defines a “[n]ursing home” as a nursing care facility .”
Hyland Assisted Living & Memory Care LLC v. Dhhs (2019) michctapp “” MCL 333.20109(1). The Michigan Department of Consumer and Industry Services, Bureau of Health Systems, Division of Health Facility Standards and Licensing has promulgated a myriad of administrative rules that address nursing homes and nursing care facility standards.”
Estate of Virginia Kermath v. Independence Village of Oxford LLC (2020) michctapp “” MCL 333.20109(1). The Michigan Department of Consumer and Industry Services, Bureau of Health Systems, Division of Health Facility Standards and Licensing has promulgated a myriad of administrative rules that address nursing homes and nursing care facility standards.”
— Mich. Comp. Laws § 333.20109(1) — 7 cases
Tryc v Michigan Veterans’ Facility (1996) mich “§ 333.20109(1); M.S.A. § 14.15(20109)(1) that would accurately define the kind of care the facility provides, except that the code specifically excludes the facility from the definition: "Nursing home" means a nursing care facility, including a county medical care facility, but…”
Jamieson v. Luce-Mackinac-Alger-Schoolcraft District Health Department (1993) michctapp “Because a "nursing home" is statutorily defined by the Public Health Code as a "nursing care facility," MCL 333.20109(1); MSA 14.15(20109)(1), we view the terms as synonymous.”
Winklepleck v. Michigan Veterans' Facility (1992) michctapp “[MCL 333.20109(1); MSA 14.15(20109X1). Emphasis added.”
Berrien County v. Michigan (1984) michctapp “(1) 'Nursing home’ means a nursing care facility, including a county medical care facility, but excluding a hospital or a facility created by Act No. 152 of the Public Acts of 1885, as amended, being sections 36.”
Jawad a Shah Md Pc v. Fremont Insurance Company (2019) michctapp “-3- MCL 333.20109(1) defines a “[n]ursing home” as a nursing care facility .”
— Mich. Comp. Laws § 333.20109(4) — 1 case
Estate of Aaron Kelly Miller v. Angels' Place Inc (2020) michctapp “20108(1), or MCL 333.20109(4)] is considered a health facility or agency.”
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