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Michigan Compiled Laws Complete Through PA 321 of 2023
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Act 218 of 1979
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Act 218 of 1979

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 licensing and regulatory affairs and other departments; to prescribe certain fees; to prescribe penalties; and to repeal certain acts and parts of acts.

History: 1979, Act 218, Eff. Mar. 27, 1980 ;-- Am. 1992, Act 176, Imd. Eff. July 23, 1992 ;-- Am. 2016, Act 525, Eff. Apr. 9, 2017
Compiler's Notes: For transfer of powers and duties pertaining to adult foster care, adult foster care facility, adult foster care camp, adult camp, adult foster care family home, and adult foster care group home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.For transfer of powers and duties pertaining to children's camp, child care center, day care center, family day care home, and group day care home licensing and regulation from department of human services to department of licensing and regulatory affairs, see E.R.O. No. 2015-1, compiled at MCL 400.227.

The People of the State of Michigan enact:

Section 400.701SectionShort title.
Section 400.702SectionMeanings of words and phrases.
Section 400.703SectionDefinitions; A.
Section 400.704SectionDefinitions; C to F.
Section 400.705SectionDefinitions; G to N.
Section 400.706SectionDefinitions; P to Q.
Section 400.707SectionDefinitions; R to T.
Section 400.708SectionAdult foster care licensing advisory council; creation; appointment, qualifications, and terms of members; vacancy; compensation; schedule for reimbursement; content and enforcement of rules; conducting business at public meeting; availability of writings to public.
Section 400.709SectionAdministration of act; reports, procedures, inspections, and investigations; advice and technical assistance; consultations; cooperation with other agencies; education of public.
Section 400.710SectionRules; variance, modification, or change; purposes; restriction; review; rules subject to MCL 554.917.
Section 400.711SectionInspections; visitations; administration and enforcement of rules; reports; final determination as to license; public inspection of reports; biannual inspection report for certain entities.
Section 400.712SectionKeeping and maintaining records and reports; examination and copying of books, records, and reports; confidentiality; inspection of records by resident.
Section 400.713SectionLicense required; application; forms; investigation; on-site evaluation; issuance or renewal of license; disclosures; maximum number of persons; stating type of specialized program; issuance of license to specific person at specific location; transferability of license; sale of facility; notice; items of noncompliance; refusal by department to issue or renew license; conditions; unlicensed facility; violation as misdemeanor; penalty; receipt of completed application; issuance of license within certain time period; inspections; report; criminal history and records check; storage of fingerprints in automated fingerprint identification system database; convictions; "completed application" defined.
Section 400.713aSectionFees.
Section 400.714SectionTemporary license; issuance of regular license or provisional license; refusal to issue license; temporary license nonrenewable; plan of correction.
Section 400.715SectionTemporary license; adult foster care congregate facility.
Section 400.716SectionTemporary license; prohibitions.
Section 400.717SectionProvisional license.
Section 400.718SectionSpecial license; rules.
Section 400.719SectionRegular license; issuance; validity; application for temporary license; subsection (4) applicable to previously licensed facilities.
Section 400.720SectionCertificate of approval from bureau of fire services and department; compliance; denial or certification with limitations; hearing.
Section 400.721SectionFacility licensed on March 27, 1980; compliance with fire safety standards; section inapplicable to installation of smoke and heat detection equipment.
Section 400.722SectionDenying, suspending, revoking, refusing to renew, or modifying license; grounds; written notice; hearing; decision; protest; receiving or maintaining adults requiring foster care as felony; penalty; relocation services.
Section 400.722aSectionDenying, suspending, revoking, modifying, or refusing to renew license; grounds; without written notice; 30-day appeal.
Section 400.722bSectionEmergency closure of adult foster care facility; notification.
Section 400.722cSectionSummary suspension order for closure; departmental duties; temporary advisor.
Section 400.723SectionRepealed. 2018, Act 558, Eff. Mar. 28, 2019.
Section 400.724SectionRequest for investigation; providing substance of complaint; disclosures; determining violation; initiation of investigation; findings; written determination or status report; final report; additional copies of documents; reimbursement; informing licensee of findings; public inspection of written determination; administrative review; sharing of information or records.
Section 400.725SectionContested case hearing; judicial review.
Section 400.726SectionName or designation of facility.
Section 400.726aSectionResident enrolled in licensed hospice program or co-occurring enhanced crisis residential program; exception to continuous nursing care requirement for purposes of MCL 400.703(4); do-not-resuscitate order or POST form included in assessment plan; protection to resident.
Section 400.726bSectionAdult foster care; description of services to patients or residents with alzheimer's disease; contents; “represents to the public” defined.
Section 400.726cSectionMedical orders provided on POST form; compliance required; failure to comply because of policy, religious belief, or moral conviction; referral or transfer to another foster care facility.
Section 400.727SectionPosting license, inspection report, and other documents; retention of materials for public inspection.
Section 400.728SectionRepealed. 1984, Act 40, Imd. Eff. Mar. 26, 1984.
Section 400.729SectionProviding foster care to person related to licensee or licensee's spouse.
Section 400.730SectionInjunction.
Section 400.731SectionViolation as misdemeanor; prohibited conduct.
Section 400.731aSectionPerson sentenced to perform community service.
Section 400.732SectionNotices required.
Section 400.733SectionLocal ordinances, regulations, or construction codes.
Section 400.734SectionRepealed. 1984, Act 40, Imd. Eff. Mar. 26, 1984.
Section 400.734aSectionRepealed. 2006, Act 29, Eff. Apr. 1, 2006.
Section 400.734bSectionEmploying or contracting with certain individuals providing direct services to residents; prohibitions; criminal history check; exemptions; written consent and identification; conditional employment; use of criminal history record information; disclosure; determination of existence of national criminal history; failure to conduct criminal history check; automated fingerprint identification system database; electronic web-based system; costs; definitions.
Section 400.734cSectionDisqualification from or denial of employment based on criminal history check; administrative review; decision; "business day" defined.
Section 400.735SectionRepeal of MCL 331.681 to 331.694.
Section 400.736SectionConcurrent license as foster family home or foster family group home; receiving additional minor children; definitions.
Section 400.737SectionConcurrently licensing adult foster care small group home as child caring institution; receiving additional children under 18 years of age; limitation on combined licensed capacity; definition.
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