[DOWNLOAD] "Alvin Gentry v. Department Public Health" by Supreme Court of Michigan # eBook PDF Kindle ePub Free
eBook details
- Title: Alvin Gentry v. Department Public Health
- Author : Supreme Court of Michigan
- Release Date : January 19, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Order On order of the Court, the delayed application for leave to appeal and the motion for leave to file brief amicus curiae are considered. The motion for leave to file brief amicus curiae is GRANTED. Pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for supplemental consideration. On remand the Court of Appeals should address the plaintiffs' contentions as they relate to the so-called "patients' bill of rights" provisions of Article 17, Part 202 of the Public Health Code, MCL 333.20201 et seq ; MSA 14.15(20201) et seq., and the provision of the Code that provides "hen the department finds a violation of section 20201 as to a particular nursing home patient, the department shall issue an order requiring the nursing home to pay to the patient $100.00, or to reimburse the patient for costs incurred or injuries sustained, whichever is greater, and the nursing home shall be assessed a civil penalty, not to exceed $1,500.00, or $15.00 per patient bed, whichever is lesser." MCL 333.21799c(3); MSA 14.15(21799c)(3).
The Court of Appeals shall consider whether the Legislature, by providing in § 21799c(3) that the Department of Public Health shall issue an order requiring the nursing home to pay or reimburse monies to an aggrieved patient, intended to create a remedy available to individual nursing home patients for violations of § 20201 that is subject to a full review process, including judicial review.