HB-5774, As Passed Senate, December 14, 2016

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5774

A bill to amend 1979 PA 218, entitled

"Adult foster care facility licensing act,"

by amending the title and sections 3, 4, 10, 11, and 20 (MCL

400.703, 400.704, 400.710, 400.711, and 400.720), the title as

amended by 1992 PA 176, sections 3 and 10 as amended by 2014 PA

450, section 4 as amended by 2013 PA 156, and sections 11 and 20 as

amended by 2006 PA 201, and by adding section 22b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

An act to provide for the licensing and regulation of adult

foster care facilities; to provide for the establishment of

standards of care for adult foster care facilities; to prescribe

powers and duties of the department of ~~social services~~ licensing

and regulatory affairs and other departments; to prescribe certain

fees; to prescribe penalties; and to repeal certain acts and parts

of acts.

Sec. 3. (1) "Adult" means:

(a) A person 18 years of age or older.

(b) A person who is placed in an adult foster care family home

or an adult foster care small group home ~~pursuant~~ according to

section 5(6) or (8) of 1973 PA 116, MCL 722.115.

(2) "Adult foster care camp" or "adult camp" means an adult

foster care facility with the approved capacity to receive more

than 4 adults to be provided foster care. An adult foster care camp

is a facility located in a natural or rural environment.

(3) "Adult foster care congregate facility" means an adult

foster care facility with the approved capacity to receive more

than 20 adults to be provided with foster care.

(4) "Adult foster care facility" means a governmental or

nongovernmental establishment that provides foster care to adults.

Subject to section 26a(1), adult foster care facility includes

facilities and foster care family homes for adults who are aged,

mentally ill, developmentally disabled, or physically disabled who

require supervision on an ongoing basis but who do not require

continuous nursing care. Adult foster care facility does not

include any of the following:

(a) A nursing home licensed under article 17 of the public

health code, 1978 PA 368, MCL 333.20101 to 333.22260.

(b) A home for the aged licensed under article 17 of the

public health code, 1978 PA 368, MCL 333.20101 to 333.22260.

code, 1978 PA 368, MCL 333.20101 to 333.22260.

(d) A hospital for the mentally ill or a facility for the

developmentally disabled operated by the department of ~~community~~

health and human services under the mental health code, 1974 PA

258, MCL 330.1001 to 330.2106.

(e) A county infirmary operated by a county department of

~~social services or family independence agency~~ health and human

services under section 55 of the social welfare act, 1939 PA 280,

MCL 400.55.

(f) A child caring institution, children's camp, foster family

home, or foster family group home licensed or approved under 1973

PA 116, MCL 722.111 to 722.128, if the number of residents who

become 18 years of age while residing in the institution, camp, or

home does not exceed the following:

(i) Two, if the total number of residents is 10 or fewer.

(ii) Three, if the total number of residents is not less than

11 and not more than 14.

(iii) Four, if the total number of residents is not less than

15 and not more than 20.

(iv) Five, if the total number of residents is 21 or more.

(g) A foster family home licensed or approved under 1973 PA

116, MCL 722.111 to 722.128, that has a person who is 18 years of

age or older placed in the foster family home under section 5(7) of

1973 PA 116, MCL 722.115.

(h) An establishment commonly described as an alcohol or a

substance ~~abuse~~ use disorder rehabilitation center, a residential

facility for persons released from or assigned to adult

correctional institutions, a maternity home, or a hotel or rooming

house that does not provide or offer to provide foster care.

(i) A facility created by 1885 PA 152, MCL 36.1 to 36.12.

(j) An area excluded from the definition of adult foster care

facility under section 17(3) of the continuing care community

disclosure act, 2014 PA 448, MCL 554.917.

(5) "Adult foster care family home" means a private residence

with the approved capacity to receive 6 or fewer adults to be

provided with foster care for 5 or more days a week and for 2 or

more consecutive weeks. The adult foster care family home licensee

shall be a member of the household, and an occupant of the

residence.

(6) "Adult foster care large group home" means an adult foster

care facility with the approved capacity to receive at least 13 but

not more than 20 adults to be provided with foster care.

(7) "Adult foster care small group home" means an adult foster

care facility with the approved capacity to receive 12 or fewer

adults to be provided with foster care.

(8) "Aged" means an adult whose chronological age is 60 years

of age or older or whose biological age, as determined by a

physician, is 60 years of age or older.

(9) "Assessment plan" means a written statement prepared in

cooperation with a responsible agency or person that identifies the

specific care and maintenance, services, and resident activities

appropriate for each individual resident's physical and behavioral

needs and well-being and the methods of providing the care and

services taking into account the preferences and competency of the

individual.

Sec. 4. (1) "Council" means the adult foster care licensing

advisory council created in section 8.

(2) "Department" means the department of ~~human~~

~~services.~~licensing and regulatory affairs.

(3) "Developmental disability" means that term as defined in

section 100a of the mental health code, 1974 PA 258, MCL 330.1100a.

(4) "Direct access" means access to a resident or to a

resident's property, financial information, medical records,

treatment information, or any other identifying information.

(5) "Director" means the director of the department.

(6) "Do-not-resuscitate order" means a document executed under

the Michigan do-not-resuscitate procedure act, 1996 PA 193, MCL

333.1051 to 333.1067, directing that, in the event a resident

suffers cessation of both spontaneous respiration and circulation,

no resuscitation will be initiated.

(7) "Foster care" means the provision of supervision, personal

care, and protection in addition to room and board, for 24 hours a

day, 5 or more days a week, and for 2 or more consecutive weeks for

compensation.

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

according 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~~ according 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~~ under 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 of the state fire marshal if the enforcement of the ruling

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~~ under 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.

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 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 promulgated under subsection (1) shall be

reviewed by the council not less than once every 5 years.

(6) Rules promulgated under subsection (1) are subject to

section 17 of the continuing care community disclosure act, 2014 PA

448, MCL 554.917.

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 ~~community~~ health and human services.

(2) The ~~department of community health, the~~ 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 performed by or at the direction

of the bureau of fire services, for a facility licensed or proposed

to be licensed for 6 or fewer adults, if such an inspection would

result in the efficient administration of this act.

(b) The bureau of fire services or the designated

representative of the bureau of fire services, if the facility is

licensed or proposed to be licensed for more than 6 adults. The

bureau of fire services shall inspect or 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

bureau of fire services may contract with the fire marshal of a

city having a population of not less than ~~1,000,000~~ 600,000 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 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

~~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 human services~~ shall

provide the department of health and human services with an

inspection report and a certification, denial of certification, or

certification with limited terms for the proposed specialized

program. The department ~~of human services~~ shall reinspect a

certified specialized program not less than once biennially. In

carrying out this subsection, the department ~~of 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

with a capacity of more than 6 adults until the facility receives a

certificate of approval from the 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 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 as required

under section 11(5).

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

approval by the bureau of fire services or who is denied or

certified with limitations for a specialized program by the

department ~~of human services~~ may request a hearing. The hearing

shall be conducted by the state fire safety board or the

department, ~~of human services,~~ as applicable, ~~pursuant to~~ under

chapter 4 of the administrative procedures act of 1969, 1969 PA

306, MCL 24.271 to 24.287.

Sec. 22b. The community and health systems bureau within the

department shall notify the clerk of the city, village, or township

and the fire services bureau within the department shall notify the

fire chief of an organized fire department of the emergency closure

of an adult foster care facility contemporaneously when the summary

suspension order is served.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.