Bill Summary – FastDemocracy

Legislative Analysis
                                                                          Phone: (517) 373-8080
NURSING HOME ADVISORY COMMISSION                                          http://www.house.mi.gov/hfa
House Bill 4317 as introduced                                             Analysis available at
Sponsor: Rep. Angela Witwer                                               http://www.legislature.mi.gov
Committee: Health Policy
Revised 2-24-21
SUMMARY:
        House Bill 4317 would amend the Public Health Code to create a nursing home advisory
        commission in the Department of Health and Human Services (DHHS), consisting of the
        following members:
        • The director of the Department of Licensing and Regulatory Affairs (LARA) or a
            designee.
        • The director of DHHS or a designee.
        • At least three individuals representing different area agencies on aging, including one
            nominated by the Speaker of the House and one by the Senate Majority Leader.
        • Five nursing home administrators, including one nominated by the Speaker of the
            House and one by the Senate Majority Leader.
        • DHHS’s chief medical executive or a designee.
        • An epidemiologist who is not employed by or under contract with the state.
        • The state long-term care ombudsman or a designee.
        • Two individuals from a list of nominees submitted by the Speaker of the House, one
            representing the majority party and one representing the minority party.
        • Two individuals from a list of nominees submitted by the Senate Majority Leader, one
            representing the majority party and one representing the minority party.
        If a vacancy occurred on the commission, the governor would appoint a replacement in the
        same manner as the original appointment. The governor could remove a member for
        incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or
        any other good cause.
        The DHHS director would have to call the first meeting by June 1, 2021, at which time the
        commission would elect a chairperson and officers as it determines appropriate. Thereafter,
        the commission would have to meet at least four times, or more frequently at its discretion.
        The commission would have to comply with the Open Meetings Act and its writings would
        be subject to the Freedom of Information Act.
        Members would serve without compensation but could be reimbursed for work-related
        expenses.
House Fiscal Agency                                                                        Page 1 of 2
          By September 1, 2021, the commission would have to prepare and submit a report to the
          governor and the House and Senate standing committees on health policy that makes
          recommendations on all of the following:
          • Indoor and outdoor visitation policies at nursing homes.
          • Resident access to mental and physical health services.
          • Methods to provide greater technological support to increase communication between
              residents and their families.
          The state could review best practices from other states when developing these
          recommendations.
          The commission would be abolished following submission of the report.
          Proposed MCL 333.21769
BACKGROUND:
          Executive Order 2020-1351 created the Michigan Nursing Homes COVID-19 Preparedness
          Task Force on June 26, 2020. Composed of 20 members, including the DHHS and LARA
          directors, the long-term care ombudsman, two senators, and two representatives, the task
          force issued its final recommendations on August 31, 2020.2 Those recommendations focus
          on resource availability, quality of life, staffing, and placement of residents. The task force
          is currently slated to be dissolved no later than June 26, 2022.
FISCAL IMPACT:
          House Bill 4317 would have cost implications in the current fiscal year for DHHS to
          establish the commission, provide staffing and support to the commission during the
          planning period and the three-month work period, reimburse commission expenses,
          conduct a survey of nursing homes or otherwise gather required nursing home information,
          compile nursing home data, utilize or develop data systems, and produce a report. There
          are 446 licensed nursing homes in the state. An estimated cost to the state for the
          commission and its work would be $60,000 to $100,000, for meetings, member costs, staff,
          and data/systems.
                                                             Legislative Analyst: Jenny McInerney
                                                                  Fiscal Analyst: Susan Frey
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations, and does not constitute an official statement of legislative intent.
1
    Whitmer - Executive Order 2020-135: Creation of Michigan Nursing Homes COVID-19 Preparedness Task Force
2
    Nursing_Home_Final_Report_701082_7.pdf (michigan.gov)
House Fiscal Agency                                                       HB 4317 as introduced   Page 2 of 2
Statutes affected: 
House Introduced Bill: 333.1101, 333.25211