Public Act 28 of 2006

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• Introduced by Sen. Patricia Birkholz (R) on June 21, 2005, to require nursing homes to perform annual criminal background checks on all employees; and to prohibit a person from working in a nursing home not just on the basis of convictions for certain crimes, but also for involuntary commitment, legal incapacitation, a personal protection order, a finding of not guilty by reason of insanity, a finding of not guilty but mentally ill, and a diagnosis of mental illness. It also revises the disqualifying crimes to include drug misdemeanors.
  • Referred to the Senate Senior Citizens and Veterans Affairs Committee on June 21, 2005.
    • Reported in the Senate on December 6, 2005, with the recommendation that the substitute (S-4) be adopted and that the bill then pass.
  • Substitute offered in the Senate on December 13, 2005, to replace the previous version of the bill with one that gives current employees two years to submit fingerprints for background checks, establishes appeals procedures, establishes a background check process that would use an automated State Police fingerprint check system, and revised the disqualifications. The substitute passed by voice vote in the Senate on December 13, 2005.
  • Amendment offered by Sen. Deborah Cherry (D) on December 13, 2005, to make explicit that a nursing home owner or operator who does not perform the mandated background checks could be sued for damages if an un-checked employee harms a resident or another employee. The amendment passed by voice vote in the Senate on December 13, 2005.
• Passed 37 to 0 in the Senate on December 13, 2005, to require nursing homes to perform annual criminal background checks on all employees; and to prohibit a person from working in a nursing home if he or she had been convicted of a felony within the past 15 years; a misdemeanor that involved abuse, neglect, assault, battery, criminal sexual conduct, fraud, or theft, or a similar state or federal misdemeanor, within the immediately preceding 10 years; been the subject of a substantiated finding of neglect, abuse, or misappropriation of property; or been found not guilty by reason of insanity.
  Who Voted "Yes" and Who Voted "No"
• Received in the House on December 13, 2005.
  • Referred to the House Senior Health, Security and Retirement Committee on December 13, 2005.
    • Reported in the House on January 24, 2006, with the recommendation that the substitute (H-2) be adopted and that the bill then pass.
  • Substitute offered in the House on January 31, 2006, to replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described. The substitute passed by voice vote in the House on January 31, 2006.
  • Amendment offered by Rep. Barb Vander Veen (R) on January 31, 2006, to clarify certain technical requirements in the bill so that it complies with federal requirements that will allow the state to get more federal money. The amendment passed by voice vote in the House on January 31, 2006.
• Passed 98 to 4 in the House on February 1, 2006, to require nursing homes to perform annual criminal background checks on all employees; and to prohibit a person from working in a nursing home if he or she had been convicted of a felony within the past 15 years; a misdemeanor that involved abuse, neglect, assault, battery, criminal sexual conduct, fraud, or theft, or a similar state or federal misdemeanor, within the immediately preceding 10 years; been the subject of a substantiated finding of neglect, abuse, or misappropriation of property; or been found not guilty by reason of insanity.
  Who Voted "Yes" and Who Voted "No"
• Received in the Senate on February 2, 2006. Passed 36 to 0 in the Senate on February 2, 2006.
  Who Voted "Yes" and Who Voted "No"
• Signed by Gov. Jennifer Granholm on February 16, 2006.