(f) "Department"” means the Michigan department of community health (MDCH).
(g) "HCFA" means the federal health care financing administration.
(h) "Immediate jeopardy" means a situation in which the nursing facility’s
noncompliance with 1 or more requirements of participation has caused, or is likely to
cause, serious injury, harm, impairment, or death to a resident.
(i) "Menu" means a grouping of remedy categories that takes into account facility
history and the current level of nursing facility noncompliance or deficient practices.
(j) "Needing early review" means a facility identified for possible immediate
imposition or recommendation of enforcement remedies by the state survey agency
under its licensure authority.
(k) "Noncompliance" means the presence of any deficiency that causes a nursing
facility to not be in substantial compliance.
(l) "Nursing facility" means a facility which provides long-term nursing care,
which is enrolled in the state’s medicaid program, and which is not enrolled in the
medicare program. The term excludes a facility owned by the state. The term includes a
county medical care facility and a hospital
long-term care unit if not enrolled in the medicare program.
(m) "OBRA" means the omnibus budget reconciliation act of 1987, as amended,
being Public Law 100-203, 101 Stat. 1.
(n) "Plan of correction" means a plan accepted by the state survey agency that is
mandatory for all deficiencies of scope and severity levels B through L on the remedy
determination grid table 1 of this part, referred to in this part as the "quick reference
chart." If a facility fails to obtain an accepted plan of correction, then the state
medicaid agency shall impose remedies immediately.
(o) "Poor performer" means a federally identified poor-performing nursing facility.
The state medicaid agency shall not afford a poor performer an opportunity to correct
deficiencies before remedies are imposed.
(p) "Remedy" means a corrective action which is specified in federal or state law
or these rules and which is taken by the state survey agency or the state medicaid agency
against a nursing facility for findings of deficiencies.
(q) "Repeat deficiency" means a deficiency which is in the same regulatory
grouping of requirements and which is found again at the next survey.
(r) "Repeated noncompliance" means a finding of substandard quality of care based
on 3 consecutive standard surveys [standard survey as stated in section 1919(g)(2)(A) of
the social security act of 1935, 42 U.S.C.§1396r(g)(2)(A)] regardless of whether the exact
tag number of deficiency was repeated or that the substance of a deficiency was repeated.
(s) "State medicaid agency" means the Michigan department of community
health, medical services administration.
(t) "State survey agency" means the Michigan department of consumer and
industry services (MDCIS).
(u) "Substandard quality of care" or "SQC" means 1 or more deficiencies on the
remedy determination grid in square f, h, i, j, k, or l of table 1 of this part that
constitute any of the following related to participation requirements under 42 C.F.R.
§483.13, resident behavior and facility practices, 42 C.F.R. §483.15, quality of life, or
42 C.F.R. §483.25, quality of care: