PUBLIC HEALTH CODE
Act 368 of 1978
333.21771 Abusing, mistreating, or neglecting patient; reports; investigation; retaliation prohibited; exception to report requirement.
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
PopularName Notes:
Act 368
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 1994–2024 · leading case:
People v. Shakur, 760 N.W.2d 272 (Mich. Ct. App. 2008).
People v. Shakur, 760 N.W.2d 272 (Mich. Ct. App. 2008).
· cites it 13× “1 Defendants were charged in the district court with violating MCL 333.21771(1), which is a misdemeanor pursuant to MCL 333.”
People v. Edenstrom, 760 N.W.2d 603 (Mich. Ct. App. 2008).
· cites it 52× “Pursuant to MCL 333.21771, a nursing-home administrator is required to report to state authorities any physical, mental, or emotional abuse, mistreatment, or harmful neglect of a patient.”
Deneau v. Manor Care, Inc., 219 F. Supp. 2d 855 (E.D. Mich. 2002).
· cites it 6× “§ § 333.21771 as the nursing home law allegedly violated.”
Morris v. Ambassador Nursing Home, Inc., 845 F. Supp. 1164 (E.D. Mich. 1994).
“In accordance with Ambassador’s employee policy and with the Nursing Home Chapter of the Michigan Public Health Code, Mich.Comp.Laws Ann. 333.21771(2), 1 Ambassador notified the Michigan Department of Public Health (“the DPH”) of the alleged abuse of a patient.”
Christina a Sevilla v. Heartland Health Care Ctr.-Hampton (Mich. Ct. App. 2016).
· cites it 18× “, and specifically, MCL 333.21771. Plaintiff further alleged that Nowak had intentionally interfered with plaintiff’s advantageous business relationship with Heartland, and that Nowak’s reliance on HIPAA to justify plaintiff’s termination was a pretext “to cover up her own…”
Telane Hadden v. Pine Creek Manor Skill Nursing & Rehab Ctr LLC (Mich. Ct. App. 2024).
· cites it 2× “Pursuant to MCL 333.21771(1), Hadden asserted that it amounted to harmful neglect of patients to have only one, newly-licensed RN on duty with five residents on ventilators as well as other patients on bilevel positive airway pressure machines (BiPAP).”
— Mich. Comp. Laws § 333.21771(1) — 5 cases
People v. Shakur, 760 N.W.2d 272 (Mich. Ct. App. 2008).
“1 Defendants were charged in the district court with violating MCL 333.21771(1), which is a misdemeanor pursuant to MCL 333.”
People v. Edenstrom, 760 N.W.2d 603 (Mich. Ct. App. 2008).
“Pursuant to MCL 333.21771, a nursing-home administrator is required to report to state authorities any physical, mental, or emotional abuse, mistreatment, or harmful neglect of a patient.”
Christina a Sevilla v. Heartland Health Care Ctr.-Hampton (Mich. Ct. App. 2016).
“, and specifically, MCL 333.21771. Plaintiff further alleged that Nowak had intentionally interfered with plaintiff’s advantageous business relationship with Heartland, and that Nowak’s reliance on HIPAA to justify plaintiff’s termination was a pretext “to cover up her own…”
Telane Hadden v. Pine Creek Manor Skill Nursing & Rehab Ctr LLC (Mich. Ct. App. 2024).
“Pursuant to MCL 333.21771(1), Hadden asserted that it amounted to harmful neglect of patients to have only one, newly-licensed RN on duty with five residents on ventilators as well as other patients on bilevel positive airway pressure machines (BiPAP).”
— Mich. Comp. Laws § 333.21771(1)(6) — 1 case
Telane Hadden v. Pine Creek Manor Skill Nursing & Rehab Ctr LLC (Mich. Ct. App. 2024).
“Pursuant to MCL 333.21771(1), Hadden asserted that it amounted to harmful neglect of patients to have only one, newly-licensed RN on duty with five residents on ventilators as well as other patients on bilevel positive airway pressure machines (BiPAP).”
— Mich. Comp. Laws § 333.21771(2) — 3 cases
People v. Edenstrom, 760 N.W.2d 603 (Mich. Ct. App. 2008).
“Pursuant to MCL 333.21771, a nursing-home administrator is required to report to state authorities any physical, mental, or emotional abuse, mistreatment, or harmful neglect of a patient.”
Morris v. Ambassador Nursing Home, Inc., 845 F. Supp. 1164 (E.D. Mich. 1994).
“In accordance with Ambassador’s employee policy and with the Nursing Home Chapter of the Michigan Public Health Code, Mich.Comp.Laws Ann. 333.21771(2), 1 Ambassador notified the Michigan Department of Public Health (“the DPH”) of the alleged abuse of a patient.”
Christina a Sevilla v. Heartland Health Care Ctr.-Hampton (Mich. Ct. App. 2016).
“, and specifically, MCL 333.21771. Plaintiff further alleged that Nowak had intentionally interfered with plaintiff’s advantageous business relationship with Heartland, and that Nowak’s reliance on HIPAA to justify plaintiff’s termination was a pretext “to cover up her own…”
— Mich. Comp. Laws § 333.21771(6) — 1 case
Christina a Sevilla v. Heartland Health Care Ctr.-Hampton (Mich. Ct. App. 2016).
“, and specifically, MCL 333.21771. Plaintiff further alleged that Nowak had intentionally interfered with plaintiff’s advantageous business relationship with Heartland, and that Nowak’s reliance on HIPAA to justify plaintiff’s termination was a pretext “to cover up her own…”
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