March 20, 2014, Introduced by Senators HILDENBRAND, MOOLENAAR, SCHUITMAKER, GREGORY, WARREN, NOFS, MARLEAU, KAHN, MEEKHOF and KOWALL and referred to the Committee on Appropriations.
A bill to amend 1979 PA 218, entitled
"Adult foster care facility licensing act,"
by amending section 10 (MCL 400.710), as amended by 2006 PA 201.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10. (1) The department shall promulgate rules pursuant to
the administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to 24.328, in the areas provided under subsection (4).
(2) The bureau of fire services created in section 1b of the
fire prevention code, 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 bureau of fire services shall
promulgate the rules pursuant to 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 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 the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, to review and render decisions on a ruling of the state
fire marshal interpreting or applying these rules. After a hearing,
the
state fire safety board 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 modify or change a
ruling
of the state fire marshal , shall
specify in what manner the
modification or change is made, the conditions upon which it is
made, and the reasons for the modification or change.
(3) The department of 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, 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 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 ensure 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) The rules shall be reviewed by the council not less than
once every 5 years.
(6) Rules promulgated under subsection (1) are subject to the
exemption provided in section 17 of the continuing care community
act.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 886
of the 97th Legislature is enacted into law.