LONG-TERM CARE OMBUDSMAN; ACCESS                                                                                     S.B. 213:

                                                                                                                                                                  SUMMARY AS ENACTED

Senate Bill 213 (as enacted)                                                                         PUBLIC ACT 159 of 2021

Sponsor:   Senator Kimberly LaSata

Senate Committee:   Health and Human Services

House Committee:   Families, Children, and Seniors

Date Completed:   12-12-22

CONTENT

The bill amended the Older Michiganians Act to do the following:

 --     Delete a provision specifying when the Michigan Long-Term Ombudsman and the local or regional long-term care ombudsman had to be granted access to any long-term care facility.

 --     Specify that if a restriction is placed on the ability to visit a resident of a long-term care facility, and the restriction lasts long than seven days, it does not apply to a representative of the Long-Term Care Ombudsman Program.

 --     Require a facility to make a good-faith effort to facilitate a virtual visit if a restriction or visitation prohibits a representative of the Long-Term Care Ombudsman Program from entering a long-term care facility.

 --     Require an individual entering a long-term care facility to take proper precautions, including obtaining appropriate screening and using personal protective equipment (PPE) if it is necessary to protect the health of residents or staff at the facility.

 --     Modify the definition of "access".

The bill took effect on March 30, 2022.

The Act specifies that the Michigan Long-Term Care Ombudsman, the local or regional long-term care ombudsmen, and their trained volunteers must be granted access to any long-term care facility for the purpose of carrying out Section 6h of the Act (which prescribes the responsibilities of local or regional long-term ombudsman programs.)  

Previously, for the Michigan Long-Term Care Ombudsman and the local or regional long-term care ombudsmen, access had to be allowed each day from 8 AM to 8 PM. For ombudsman-trained volunteers, access had to be allowed to nursing homes during regular visiting hours each day as required by Section 20201(3)(b) of the Public Health Code (which requires licensees to adopt a policy allowing nursing home patients to associate and communicate privately with individuals of their choice and establishing at least eight hours of reasonable, regular visiting hours). The bill deleted this provision.

Under the bill, if a restriction is placed on the ability to visit a resident of a long-term care facility, and that restriction lasts longer than seven days, that visitation restriction does not apply to a representative of the Long-Term Care Ombudsman Program. A representative of the Long-Term Care Ombudsman Program must be allowed access to the long-term care facility to carry out the duties required under the Act.

If a restriction on visitation prohibits a representative of the Long-Term Care Ombudsman Program from entering a long-term care facility to carry out his or her duties, the facility must make a good-faith effort to facilitate a virtual visit, if necessary.

If necessary to protect the health of residents or staff at a long-term care facility, an individual entering the facility to carry out his or her duties under the Act would have to take proper precautions, including obtaining appropriate screening and use of PPE.

The Code defines "access" as the right to do all of the following:

 --     Seek consent from a resident to communicate privately and without restriction with that resident.

 --     Communicate privately and without restrictions with any resident who conse