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MI HB5347
Bill
Status
4/17/2014
Primary Sponsor
Gail Haines
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AI Summary
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Establishes comprehensive criminal history check requirements for individuals employed by or contracted with covered facilities (nursing homes, hospitals, hospices, home health agencies, and homes for the aged) who have direct access to patients or residents.
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Disqualifies individuals convicted of relevant federal crimes, violent felonies, sexual conduct crimes, abuse/neglect felonies, and various misdemeanors within specified timeframes ranging from 1 to 15 years depending on offense severity.
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Requires covered facilities to obtain written consent from applicants, conduct fingerprint-based criminal background checks through the state police and FBI, and check relevant abuse/neglect registries before employment or granting clinical privileges.
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Allows conditional employment only if applicants sign statements certifying no disqualifying convictions and undergo on-site supervision until background checks clear, with immediate termination if results contradict applicant statements.
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Establishes appeal process allowing individuals denied employment based on criminal history checks to appeal to the department within 15 business days, with director review and written decision within 30 business days, and requires annual legislative reporting on appeals outcomes.
Legislative Description
Mental health; developmental disability; reference to mentally retarded and mental retardation; change. Amends secs. 20173a, 20173b, 21717, 21718 & 21765 of 1978 PA 368 (MCL 333.20173a et seq.).
Mental health, other
Last Action
Assigned Pa 66'14 With Immediate Effect
4/17/2014