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Michigan Statutes, Title 333

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Michigan/Statutes

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Title 333, HEALTH

58 chapters · 2,092 sections in this title.

All chapters in Title 3332,092 Ch 368-of-1978, PUBLIC HEALTH CODE1,804 Ch 220-of-2020, INDUSTRIAL HEMP GROWERS ACT36 Ch 281-of-2016, MEDICAL MARIHUANA FACILITIES LICENSI…36 Ch 204-of-1987, LOW-LEVEL RADIOACTIVE WASTE AUTHORIT…28 Ch 193-of-1996, MICHIGAN DO-NOT-RESUSCITATE PROCEDUR…20 Ch Initiated Law 1-of-2018, MICHIGAN REGULATION AND TAXATION OF …19 Ch 522-of-1996, THE MICHIGAN BIOLOGIC PRODUCTS INSTI…15 Ch Initiated Law 1-of-2008, MICHIGAN MEDICAL MARIHUANA ACT12 Ch 527-of-2008, UNITED WAY FUND ACT; CHILDREN'S HOSP…11 Ch 85-of-2016, DESIGNATED CAREGIVER ACT8 Ch 134-of-2007, AMANDA'S FUND FOR BREAST CANCER PREV…7 Ch 345-of-2014, RIGHT TO TRY ACT7 Ch 424-of-2002, HOUSING-WITH-SERVICES CONTRACT ACT7 Ch 31-of-1990, ATHLETIC SERVICES PROVIDERS6

1,804 sections·Filtered byTitle 333✕Ch 368-of-1978✕

Mich. Comp. Laws § 333.21925 Contractual agreements.
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Sec. 21925. The department may enter into 1 or more contractual agreements for the administration of this part.
Mich. Comp. Laws § 333.2201 Department of public health and office of director of public health continued.
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Sec. 2201. The department of public health and the office of the director of public health created by sections 425 and 426 of Act No. 380 of the Public Acts of 1965, being sections 16.525 and 16.526 of the Michigan Compiled Laws, shall continue under this code.
Mich. Comp. Laws § 333.2202 Director of public health; appointment, term, and qualifications; designation and responsibility of chief medical executive; “administrative experience” defined.
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Sec. 2202. (1) The governor shall appoint the director of public health by the method and for a term prescribed by section 508 of Act No. 380 of the Public Acts of 1965, being section 16.608 of the Michigan Compiled Laws. The director shall be qualified in the general field of he…
Mich. Comp. Laws § 333.2204 Director of public health; salary; full-time performance of functions; expenses.

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Sec. 2204. The director shall receive an annual salary appropriated by the legislature and payable in the same manner as salaries of other state officers. The director's full time shall be devoted to the performance of the functions of the director's office. The director shall re…

Mich. Comp. Laws § 333.2205 Assignment, vesting, and exercise of functions; internal organization of department; allocation and reallocation of duties and functions.

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Sec. 2205. (1) A function assigned by this code to the department vests in the director or in an employee or agent of the department designated by the director, or in any employee or agent of the department who is assigned the function in accordance with internal administrative p…

Mich. Comp. Laws § 333.2208 Public health advisory council; creation; appointment, qualifications, and terms of members; removal; vacancy.

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Sec. 2208. (1) The public health advisory council is created in the department. The public health advisory council shall consist of 16 members. Initial members of the public health advisory council shall include those individuals currently appointed to the advisory council create…

Mich. Comp. Laws § 333.2209 Public health advisory council; election and terms of chairperson and vice-chairperson; quorum; reimbursement; staff support.

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Sec. 2209. (1) The public health advisory council shall elect a chairperson and vice-chairperson for terms of 2 years and shall determine the number of voting members constituting a quorum for the transaction of business. (2) Public health advisory council members shall be reimbu…

Mich. Comp. Laws § 333.2210 Public health advisory council; powers and duties generally.

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Sec. 2210. (1) The public health advisory council shall advise and consult with the director on public health programs and policies. (2) The public health advisory council may: (a) Study issues, problems, and programs which the council and director jointly determine are of priori…

Mich. Comp. Laws § 333.22101 Definitions.

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Sec. 22101. (1) As used in this part: (a) "Certification" means certification issued by the Centers for Medicare and Medicaid Services to a nursing home as evidence that the nursing home complies with requirements under federal law for participation in Medicare. (b) "Consecutive …

Mich. Comp. Laws § 333.22102 Administration of certification process; conflict of laws.

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Sec. 22102. (1) The department shall administer the certification process in this state in conformance with 42 USC 1395aa and the "mission and priority document" and "state operations manual" published by the Centers for Medicare and Medicaid Services. (2) To the extent that ther…

Mich. Comp. Laws § 333.22103 Quality assurance monitoring process; surveys for certification; survey teams; quality assurance monitor; responsibilities.

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Sec. 22103. (1) The department shall implement a quality assurance monitoring process for the purposes of conducting the surveys described in this part for the purpose of certification. The quality assurance monitoring process must include the quality assurance review of citation…

Mich. Comp. Laws § 333.22105 Limitation on number of nursing home surveyors; exception; length of standard survey.

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Sec. 22105. (1) Except as otherwise provided in this subsection, the department shall limit the number of nursing home surveyors that conduct a standard survey to the recommended number of surveyors identified in survey procedural guidelines established by the Centers for Medicar…

Mich. Comp. Laws § 333.22107 Departmental responsibilities; standard surveys; plan of corrections; revisits; letter of compliance.

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Sec. 22107. (1) When preparing to conduct any standard survey, the department shall determine if there is an open survey cycle and make every reasonable effort to confirm that substantial compliance has been achieved by implementing the nursing home's accepted plan of correction …

Mich. Comp. Laws § 333.22109 Deficient practices; reevaluations.

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Sec. 22109. If a deficient practice occurred at a nursing home after the most recent survey of the nursing home under this part and the deficient practice is no longer occurring in the nursing home, the department shall, on the request of the nursing home, evaluate the deficient …

Mich. Comp. Laws § 333.2211 Coordination between local health departments and local health planning agencies; review; annual assessment; information.

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Sec. 2211. (1) In each of the 3 years immediately after the effective date of this part, the public health advisory council shall review the coordination between local health departments and local health planning agencies, and make annual assessments by January 1 of those years t…

Mich. Comp. Laws § 333.22111 Issuance of citations for immediate jeopardy or substandard qualify of care; notification.

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Sec. 22111. (1) The department shall maintain the process by which the director of the long-term care division of the department reviews and authorizes the issuance of a citation for immediate jeopardy or substandard quality of care before a statement of deficiencies is made fina…

Mich. Comp. Laws § 333.22113 Desk review of citations.

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Sec. 22113. On the receipt of a request from a nursing home, the department shall conduct a desk review of a citation if the circumstances meet the requirements established by the Centers for Medicare and Medicaid Services for a desk review instead of an on-site revisit for a sta…

Mich. Comp. Laws § 333.22115 Citations; informal dispute resolution process.

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Sec. 22115. (1) A nursing home that is issued a citation may request an appeal of the citation through an informal dispute resolution process from a peer review organization approved by the department. The department shall adopt the recommendations of the peer review organization…

Mich. Comp. Laws § 333.22117 Statewide reporting requirements for facility-reported incidents.

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Sec. 22117. (1) Subject to subsection (2), the department shall develop and implement statewide reporting requirements for facility-reported incidents for any category required by federal regulations and at least all of the following additional categories: (a) Elopements. (b) Bru…

Mich. Comp. Laws § 333.22119 Annual report to legislature.

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Sec. 22119. The department shall report by March 1 of each year to the standing committees on appropriations and the standing committees having jurisdiction over issues involving senior citizens in the senate and the house of representatives on all of the following: (a) The numbe…

Mich. Comp. Laws § 333.22121 Implementation of progressive discretionary enforcement actions.

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Sec. 22121. To the extent permitted by federal law, the department shall establish and implement progressive discretionary enforcement actions for the purposes of this part that consider the least restrictive enforcement action if a nursing home does not have a history of receivi…

Mich. Comp. Laws § 333.2213 Task forces.

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Sec. 2213. (1) The public health advisory council may appoint task forces composed of council members and other individuals in a number the council determines is appropriate when the council determines that either of the following exists: (a) A task force is appropriate to provid…

Mich. Comp. Laws § 333.2215 Termination of advisory committee or task force; exception; review of advisory council, commission, board, task force, or body.

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Sec. 2215. (1) An advisory committee to the department created in this code or task force created under section 2213 shall terminate 2 years after the date of its creation or renewal unless the public health advisory council not later than 90 days before an advisory committee is …

Mich. Comp. Laws § 333.22201 Meanings of words and phrases; principles of construction.

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Sec. 22201. (1) For purposes of this part, the words and phrases defined in sections 22203 to 22208 have the meanings ascribed to them in those sections. (2) In addition, article 1 contains general definitions and principles of construction applicable to all articles in this code…

Mich. Comp. Laws § 333.22203 Definitions; A to F.

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Sec. 22203. (1) "Addition" means adding patient rooms, beds, and ancillary service areas, including, but not limited to, procedure rooms or fixed equipment, surgical operating rooms, therapy rooms or fixed equipment, or other accommodations to a health facility. (2) "Capital expe…

Mich. Comp. Laws § 333.22205 Definitions; H to M.

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Sec. 22205. (1) "Health facility", except as otherwise provided in subsection (2), means: (a) A hospital licensed under part 215. (b) A psychiatric hospital or psychiatric unit licensed under the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106. (c) A nursing home licens…

Mich. Comp. Laws § 333.22207 Definitions; M to S.

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Sec. 22207. (1) "Medicaid" means the program for medical assistance administered by the department under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b. (2) "Modernization" means an upgrading, alteration, or change in function of a part or all of the physical plant of…

Mich. Comp. Laws § 333.22208 Definitions; T.

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Sec. 22208. (1) "Title XVIII" means title XVIII of the social security act, 42 USC 1395 to 1395lll. (2) "Title XIX" means title XIX of the social security act, 42 USC 1396 to 1396w-6.

Mich. Comp. Laws § 333.22209 Activities requiring certificate of need; exceptions; requirements; acquisition of existing health facility; relocation; “sharing agreement” defined.

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Sec. 22209. (1) Except as otherwise provided in this part, a person shall not do any of the following without first obtaining a certificate of need: (a) Acquire an existing health facility or begin operation of a health facility at a site that is not currently licensed for that t…

Mich. Comp. Laws § 333.2221 Organized programs to prevent disease, prolong life, and promote public health; duties of department.

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Sec. 2221. (1) Pursuant to section 51 of article 4 of the state constitution of 1963, the department shall continually and diligently endeavor to prevent disease, prolong life, and promote the public health through organized programs, including prevention and control of environme…

Mich. Comp. Laws § 333.22210 Certificate of need for extended care services program; application; criteria; modification; fee prohibited; compliance; report; discrimination prohibited; exercise of rights; written acknowledgment; forms; additional rights; violation; penalty; certificate required; definitions.

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Sec. 22210. (1) Subject to this section, a hospital that applies to the department for a certificate of need and meets all of the following criteria shall be granted a certificate of need for an extended care services program with up to 10 licensed hospital beds: (a) Is eligible …

Mich. Comp. Laws § 333.22211 Certificate of need commission; creation; appointment, qualifications, and terms of members; vacancy; laws to which commission members subject.

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Sec. 22211. (1) The certificate of need commission is created in the department. The commission consists of 11 members appointed by the governor with the advice and consent of the senate. The governor shall not appoint more than 6 members from the same major political party and s…

Mich. Comp. Laws § 333.22213 Commission; bylaws; removal of member; election of chairperson and vice-chairperson; meetings; quorum; final action; compensation and expenses; duties of department; professional employees.

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Sec. 22213. (1) The commission shall, within 2 months after appointment and confirmation of all members, adopt bylaws for the operation of the commission. The bylaws shall include, at a minimum, voting procedures that protect against conflict of interest and minimum requirements …

Mich. Comp. Laws § 333.22215 Duties of commission; purpose; public hearing before final action; submission of proposed final action to joint committee; approval or disapproval; review standards; revision of fees.

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Sec. 22215. (1) The commission shall do all of the following: (a) If determined necessary by the commission, revise, add to, or delete 1 or more of the covered clinical services listed in section 22203. If the commission proposes to add to the covered clinical services listed in …

Mich. Comp. Laws § 333.22219 Joint legislative committee.

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Sec. 22219. (1) A joint legislative committee to focus on proposed actions of the commission regarding the certificate of need program and certificate of need standards and to review other certificate of need issues is created. The joint committee shall consist of 6 members as fo…

Mich. Comp. Laws § 333.22221 Duties of department generally.

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Sec. 22221. The department shall do all of the following: (a) Subject to approval by the commission, promulgate rules to implement its powers and duties under this part. (b) Report to the commission at least annually on the performance of the department's duties under this part. …

Mich. Comp. Laws § 333.22223 Application for certificate of need; statement addressing review criteria.

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Sec. 22223. An applicant for a certificate of need shall include as part of the application a statement addressing each of the review criteria listed in section 22225. This section does not apply to an application for a certificate of need made under section 22210.

Mich. Comp. Laws § 333.22224a Magnetic resonance image units.

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Sec. 22224a. (1) A person seeking to initiate, expand, replace, relocate, or acquire a fixed or mobile magnetic resonance imager service within a county that has a population of more than 160,000 but does not have at least 2 magnetic resonance imager units may file a letter of in…

Mich. Comp. Laws § 333.22224b Positron emission tomography scanner services pilot project.

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Sec. 22224b. (1) The department may approve a pilot project that meets the requirements under subsection (2) and authorize that pilot project to provide positron emission tomography scanner services without obtaining a certificate of need under this part. (2) The department may a…

Mich. Comp. Laws § 333.22224c Exception for freestanding birth center.

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Sec. 22224c. A freestanding birth center as that term is defined in section 20701 is not required to obtain a certificate of need.

Mich. Comp. Laws § 333.22225 Demonstration of need for proposed project; additional requirements.

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Sec. 22225. (1) In order to be approved under this part, an applicant for a certificate of need shall demonstrate to the satisfaction of the department that the proposed project will meet an unmet need in the area proposed to be served. An applicant shall demonstrate the need for…

Mich. Comp. Laws § 333.22226 Regional certificate of need review agency; standards; designation of person for specific review area; requirements; duration and termination of agency; local certificate of need review agency; application or other information; review; recommendations; decision; convening consumers, providers, purchasers, or payers of health care; public hearing; meetings; “review area” defined.

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Sec. 22226. (1) The commission shall develop standards for the designation by the department of a regional certificate of need review agency for each review area to develop advisory recommendations for proposed projects. The standards shall be based on the requirements for a regi…

Mich. Comp. Laws § 333.22227 Health maintenance organization; purposes for which certificate of need required; capital expenditures; considerations and criteria.

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Sec. 22227. (1) A health maintenance organization is required to obtain a certificate of need only for 1 or more of the following purposes: (a) The acquisition of, purchase of, new construction of, modernization of, replacement of, or addition to a hospital or other health facili…

Mich. Comp. Laws § 333.22229 Projects and services subject to comparative review; exceptions; establishment of comparative review or alternative procedure; proposed site for project; utilization and financing of covered clinical services.

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Sec. 22229. (1) The following proposed projects are subject to comparative review: (a) Proposed projects specified as subject to comparative review in a certificate of need review standard. (b) New beds in a health facility that is a hospital, hospital long-term care unit, or nur…

Mich. Comp. Laws § 333.2223 Biennial plan for rural health; preparation; submission to standing committees.

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Sec. 2223. The center for rural health created under section 2612, in consultation with the department and professional associations representing health facilities and health professions, shall prepare a biennial plan for rural health. The center for rural health, in consultation…

Mich. Comp. Laws § 333.22230 Participation in medicaid program as distinct criterion.

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Sec. 22230. In evaluating applications for a health facility as defined under section 22205(1)(c) in a comparative review, the department shall include participation in title XIX of the social security act, chapter 531, 49 Stat. 620, 42 U.S.C. 1396 to 1396r-6 and 1396r-8 to 1396v…

Mich. Comp. Laws § 333.22231 Decision to grant or deny application for certificate of need; conditions; single decision for all applications; proposed decision; final decision; notice of reversal; hearing; judicial review; effect of exceeding time frames.

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Sec. 22231. (1) The decision to grant or deny an application for a certificate of need shall be made by the director. A decision shall be proposed to the director by a bureau within the department designated by the director as responsible for the certificate of need program. A de…

Mich. Comp. Laws § 333.22232 Hearing; written request; appointment and duties of hearing officer; governing law.

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Sec. 22232. (1) The applicant may, within 15 days after receipt by the applicant of the bureau's proposed decision to deny the application or receipt of notice of reversal by the director of a proposed decision that is an approval, submit a written request for a hearing to demons…

Mich. Comp. Laws § 333.22233 Waiver of criteria and procedures.

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Sec. 22233. If the department determines that a proposed project is nonsubstantive in nature and does not warrant a full review, the department may waive certain criteria and procedures otherwise required under this part.

Mich. Comp. Laws § 333.22235 Waiver of law and procedural requirements and criteria for review; affidavit; emergency certificate of need.

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Sec. 22235. (1) The department may waive otherwise applicable provisions of this part and procedural requirements and criteria for review upon a showing by the applicant, by affidavit, of all of the following: (a) The necessity for immediate or temporary relief due to natural dis…