July 13, 2016, Introduced by Reps. Cox, Kosowski, Heise, LaFontaine, Inman, Santana and Darany and referred to the Committee on Families, Children, and Seniors.
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.
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.
(c) A hospital licensed under article 17 of the public health
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.
(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 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.
(c) A local health department.
(2)
The department of community health and human services, 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 1,000,000 750,000 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
health and 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 health
and 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 health and human services shall
reinspect a certified specialized program not less than once
biennially. In carrying out this subsection, the department of
health and 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 health and human services may request a hearing. The
hearing shall be conducted by the state fire safety board or the
department
of health and 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.