SB-1139, As Passed Senate, May 30, 2006

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1139

     A bill to amend 1979 PA 218, entitled

"Adult foster care facility licensing act,"

by amending sections 10, 11, and 20 (MCL 400.710, 400.711, and

400.720), sections 10 and 20 as amended by 1986 PA 257 and section

11 as amended by 1992 PA 176.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 10. (1) The department shall promulgate rules pursuant to

the administrative procedures act of 1969,  Act No. 306 of the

Public Acts of 1969, as amended, being sections 24.201 to 24.328 of

the Michigan Compiled Laws  1969 PA 306, MCL 24.201 to 24.328, in

the areas provided under subsection (4).

     (2) The  state fire safety board  bureau of fire services

created  under  in section 1b of the fire prevention code,  Act No.

207 of the Public Acts of 1941, as amended, being sections 29.1 to

29.33 of the Michigan Compiled Laws  1941 PA 207, MCL 29.1b, shall

promulgate rules providing for adequate fire prevention and safety

in an adult foster care facility licensed or proposed to be

licensed for more than 6 adults. The rules shall be promulgated in

cooperation with the department and the state fire safety board and

shall provide for the protection of the health, safety, and welfare

of the adults residing in a facility. The  state fire safety board

bureau of fire services shall promulgate the rules pursuant to  Act

No. 306 of the Public Acts of 1969, as amended  the administrative

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. A person

may request a variance from the application of a rule promulgated

pursuant to this subsection by application to the state fire

marshal. The state fire marshal may make a variance upon a finding

that the variance does not result in a hazard to life or property.

The finding shall be transmitted to the person requesting the

variance and shall be entered into the records of the  department

of state police  bureau of fire services. If the variance requested

concerns a building, the finding shall also be transmitted to the

governing body of the city, village, or township in which the

building is located. The entire state fire safety board shall act

as a hearing body in accordance with  Act No. 306 of the Public

Acts of 1969  the administrative procedures act of 1969, 1969 PA

306, MCL 24.201 to 24.328, to review and render decisions on  a

rule promulgated pursuant to this subsection or a ruling of the

state fire marshal  in the marshal's interpretation or application

of  interpreting or applying these rules. After a hearing, the

state fire safety board may  vary the application of a rule or may

modify the ruling or interpretation of the state fire marshal if

the enforcement of the ruling or interpretation would do manifest

injustice and would be contrary to the spirit and purpose of the

rules or the public interest. A decision of the state fire safety

board to  vary the application of a rule, or to modify or change a

ruling of the state fire marshal, shall specify in what manner the

variance, modification  , or change is made, the conditions upon

which it is made, and the reasons for the  variance, modification

, or change.

     (3) The department of  mental health  human services shall

promulgate rules for the certification of specialized programs

offered in an adult foster care facility to a mentally ill or

developmentally disabled resident. The rules shall include

provision for an appeal of a denial or limitation of the terms of

certification to the department pursuant to chapter 4 of the

administrative procedures act of 1969,  being sections 24.271 to

24.287 of the Michigan Compiled Laws  1969 PA 306, MCL 24.271 to

24.287.

     (4) The rules promulgated by the department under this act

shall be restricted to the following:

     (a) The operation and conduct of adult foster care facilities.

     (b) The character, suitability, training, and qualifications

of applicants and other persons directly responsible for the care

and welfare of adults served.

     (c) The general financial ability and competence of applicants

to provide necessary care for adults and to maintain prescribed

standards.

     (d) The number of individuals or staff required to  insure

ensure adequate supervision and care of the adults served.

     (e) The appropriateness, safety, cleanliness, and general

adequacy of the premises, including maintenance of adequate health

standards to provide for the physical comfort, care, protection,

and well-being of the adults received and maintenance of adequate

fire protection for adult foster care facilities licensed to

receive 6 or fewer adults. Rules promulgated in the areas provided

by this subdivision shall be promulgated in cooperation with the

state fire safety board.

     (f) Provisions for food, clothing, educational opportunities,

equipment, and individual supplies to assure the healthy physical,

emotional, and mental development of adults served.

     (g) The type of programs and services necessary to provide

appropriate care to each resident admitted.

     (h) Provisions to safeguard the rights of adults served,

including cooperation with rights protection systems established by

law.

     (i) Provisions to prescribe the rights of licensees.

     (j) Maintenance of records pertaining to admission, progress,

health, and discharge of adults. The rules promulgated under this

subdivision shall include a method by which a licensee promptly

shall notify the appropriate placement agency or responsible agent

of any indication that a resident's assessment plan is not

appropriate for that resident.

     (k) Filing of reports with the department.

     (l) Transportation safety.

(5)  (4) The rules shall be reviewed by the council not less

than once every 5 years.

     Sec. 11. (1) The director, the director's agent, or personnel

of another department or agency, acting at the request of the

director, may enter upon the premises of an applicant or licensee

at a reasonable time to make inspections, as permitted by

applicable law, to determine whether the applicant or licensee is

complying with this act and the rules promulgated under this act.

On-site inspections may be conducted without prior notice to the

adult foster care facility. A health and sanitation inspection of

an adult foster care facility shall be conducted upon the request

of the department by 1 of the following:

     (a) Department staff.

     (b) The department of  public  community health.

     (c) A local health department.

     (2) The department of  public  community health, the  fire

marshal division of the department of state police,  bureau of fire

services created in section 1b of the fire prevention code, 1941 PA

207, MCL 29.1b, or local authorities, in carrying out this act, may

visit an adult foster care facility more often than annually to

advise in matters affecting health or fire protection. Inspections

shall be made as permitted by law.

     (3) An adult foster care facility shall be inspected for fire

safety by 1 of the following:

     (a) Department staff, if the facility is licensed or proposed

to be licensed for 6 or fewer adults. The department may request

that a fire safety inspection be  completed or caused to be

completed  performed by or at the direction of the  state fire

marshal  bureau of fire services, for a facility licensed or

proposed to be licensed for 6 or fewer adults,  when  if such an

inspection would result in the efficient administration of this

act.

     (b) The  state fire marshal  bureau of fire services or the

designated representative of the  state fire marshal  bureau of

fire services, if the facility is licensed or proposed to be

licensed for more than 6 adults. The  state fire marshal  bureau of

fire services shall inspect or  cause to be  have inspected for

fire safety an adult foster care facility licensed or proposed to

be licensed for 6 or fewer adults upon request by the department.

The  state fire marshal  bureau of fire services may contract with

the fire marshal of a city having a population of not less than

1,000,000 to inspect adult foster care facilities licensed or

proposed to be licensed for more than 6 adults if the facility is

located within that city. The fire marshal of a city shall conduct

an inspection in compliance with procedures established and on

forms provided by the  state fire marshal  bureau of fire services.

     (4) Except as provided in subsection (3)(b) and section 10(2),

the inspector shall administer and enforce the rules promulgated by

the department.

     (5) Upon receipt of a request from an adult foster care

facility for certification of a specialized program for

developmentally disabled or mentally ill adults, the department of

mental health  human services shall inspect the facility to

determine whether the proposed specialized program conforms with

the requirements of applicable law and rules. The department of

mental health  human services shall provide the department with an

inspection report and a certification, denial of certification, or

certification with limited terms for the proposed specialized

program. The department of  mental health  human services shall

reinspect a certified specialized program not less than once

biennially.  and notify the department of social services in the

same manner as for the initial certification. In carrying out this

subsection, the department of  mental health  human services may

contract with a county community mental health board or any other

agency for services.

     (6) Inspection reports required by this section shall be

furnished to the department and shall be used in the evaluation for

licensing of an adult foster care facility. The department shall

consider the reports carefully and may make special consultations

if necessary. The department shall be responsible for the final

determination of the issuance, denial, or revocation and the

temporary or provisional nature of a license issued to an adult

foster care facility. A report of the department's findings shall

be furnished to the licensee or applicant.

     (7) The inspection reports required by this section shall be

available for public inspection during reasonable business hours.

     Sec. 20. (1) The department shall not issue a temporary,

provisional, or regular license to an adult foster care facility

whose  with a capacity  is  of more than 6 adults until the

facility receives a certificate of approval from the  state fire

marshal division of the department of state police  bureau of fire

services created in section 1b of the fire prevention code, 1941 PA

207, MCL 29.1b, after compliance with fire safety standards

prescribed in rules promulgated by the  state fire safety board

bureau of fire services pursuant to section 10(2).

     (2) The department shall not issue a license to an adult

foster care facility indicating approval to operate a specialized

program for developmentally disabled adults or mentally ill adults

until the facility receives a certificate of approval  from the

state department of mental health as required under section 11(5).

     (3) A licensee or applicant who is denied a certificate of

approval by the  state fire marshal division of the department of

state police  bureau of fire services or who is denied or certified

with limitations for a specialized program by the department of

mental health  human services may request a hearing. The hearing

shall be conducted by the state fire safety board or the department

of  mental health  human services, as applicable, pursuant to

chapter 4 of the administrative procedures act of 1969,  Act No.

306 of the Public Acts of 1969, as amended, being sections 24.271

to 24.287 of the Michigan Compiled Laws  1969 PA 306, MCL 24.271 to

24.287.

     Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

     (a) Senate Bill No. 1133.

     (b) House Bill No. 5860.