Regulatory Reform Bill Signed by Governor Whitmer (SNF)

After being passed by the Senate and House at the end of June with overwhelming support, House Bill 5609 was signed on Monday by Governor Whitmer. The bill is now Public Act 187 of 2022.

This legislation is the culmination of years of work by HCAM, working with the Department of Licensing and Regulatory Affairs (LARA) to address the inefficacies of the survey process. In May of 2021, at the request of HCAM, LARA convened a workgroup consisting of providers and surveyors to identify areas of concern and corresponding solutions. The resulting recommendations are focused on ensuring a fairer, timelier, and more consistent survey process across the state.

Many of these recommendations are reflected in the bill, and include adding a quality assurance monitor to each survey team, establishing guidance on what should be reported by facilities, requiring communication from surveyors upon entry, exit, and prior to issuance of an immediate jeopardy citation, requiring surveyors to remain in the building as long as practicable until an IJ is abated, codifying the IDR process, and setting guidance on the duration of surveys and number of surveyors per survey. You may find a summary of the major provision of the bill HERE.

HCAM will continue work with the Governor’s office, LARA, and legislators to ensure prompt implementation of the legislation and the recommendations from the workgroups. We will also be scheduling a webinar to review the legislation and other regulatory updates so you are fully aware of all aspects of the new law.

If you have questions about the legislation, you may contact Richie Farran at [email protected].