September 6, 2005

LANSING – Governor Jennifer M. Granholm today announced a new bi-partisan package of bills designed to improve safety in long-term care facilities by requiring background checks for all employees.  The bills will be introduced in the Michigan House of Representatives this week.
 
“This legislation will greatly expand current background check laws to protect our state’s most vulnerable citizens,” Granholm said.  “Once these protections are in place, Michigan will lead the nation in ensuring that our long-term health care facilities are safe for the hundreds of thousands of residents who call them home.”
 
Granholm said she hopes these bi-partisan bills – sponsored by Representatives Michael Murphy (D-Lansing), Paula Zelenko (D-Burton), and Gary Newell (R-Saranac) – will move through the Legislature quickly.  
 
“This package of bills puts the state of Michigan ahead of the curve at the national level by requiring federal checks of all employees who have direct access to elderly and disabled patients,” said Janet Olszewski, director of the Michigan Department of Community Health (MDCH).
 
Olszewski said the MDCH has received $5 million in federal monies to implement the proposed background check system.  This bill package has already received the needed federal approval from the Centers for Medicare and Medicaid Services to spend that money.  Additional federal dollars have been promised to maintain the system.
 
“This is a critical step in enhancing standards for people who care for our most vulnerable citizens and in providing peace of mind to their family and friends,” said Sharon L. Gire, director of the Michigan Office of Services to the Aging.
 
Unlike a separate package of bills which has already been introduced in the Michigan Senate, Granholm’s package dramatically expands the state’s list of facilities that are required to perform background checks, including certified home health agencies, hospices, providers of swing bed services, psychiatric hospitals, and personal care agencies.

This new set of bills also requires federal background and fingerprinting of potential employees, applies to all new employees with direct access to patients, and only allows people convicted of felonies to work in a facility 15 years after all terms of sentencing and parole have been completed.
 
The bills also create – for the first time – an appeal system for workers who disagree with hiring decisions by employers.  Previous background check laws passed by the state Legislature have been declared unconstitutional, because they did not include an appeal system.
 
The bill package is supported by advocates for the elderly and disabled across the state.
 
“The Long-Term Care Task Force recommended a solid set of legislative initiatives to improve long-term care services and supports.  Michigan Protection and Advocacy Service, Inc. supports the recommendations and applauds the governor for moving forward on this vital legislative package,” said Elmer L. Cerano, executive director of the Michigan Protection and Advocacy Service, Inc.
 
“The Health Care Association of Michigan (HCAM) was involved in the first criminal background legislation in Michigan and supports the proposed improvements contained in this bill package today,” said Reginald Carter, HCAM president.  “Frail, elderly citizens of Michigan deserve to be protected from caregivers who may place them at-risk.  We have been extensively involved in the construction of these bills and believe they are a necessary step toward ensuring the safety of thousands of Michigan citizens.”

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