Michigan Legislature - Act 218 of 1979

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Act 218 of 1979

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ADULT FOSTER CARE FACILITY LICENSING ACT
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:

Document	Type	Description
Section 400.701	Section	Short title.
Section 400.702	Section	Meanings of words and phrases.
Section 400.703	Section	Definitions; A.
Section 400.704	Section	Definitions; C to F.
Section 400.705	Section	Definitions; G to N.
Section 400.706	Section	Definitions; P to Q.
Section 400.707	Section	Definitions; R to T.
Section 400.708	Section	Adult 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 400.709	Section	Administration of act; reports, procedures, inspections, and investigations; advice and technical assistance; consultations; cooperation with other agencies; education of public.
Section 400.710	Section	Rules; variance, modification, or change; purposes; restriction; review; rules subject to MCL 554.917.
Section 400.711	Section	Inspections; visitations; administration and enforcement of rules; reports; final determination as to license; public inspection of reports; biannual inspection report for certain entities.
Section 400.712	Section	Keeping and maintaining records and reports; examination and copying of books, records, and reports; confidentiality; inspection of records by resident.
Section 400.713	Section	License 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 400.713a	Section	Fees.
Section 400.714	Section	Temporary license; issuance of regular license or provisional license; refusal to issue license; temporary license nonrenewable; plan of correction.
Section 400.715	Section	Temporary license; adult foster care congregate facility.
Section 400.716	Section	Temporary license; prohibitions.
Section 400.717	Section	Provisional license.
Section 400.718	Section	Special license; rules.
Section 400.719	Section	Regular license; issuance; validity; application for temporary license; subsection (4) applicable to previously licensed facilities.
Section 400.720	Section	Certificate of approval from bureau of fire services and department; compliance; denial or certification with limitations; hearing.
Section 400.721	Section	Facility licensed on March 27, 1980; compliance with fire safety standards; section inapplicable to installation of smoke and heat detection equipment.
Section 400.722	Section	Denying, 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 400.722a	Section	Denying, suspending, revoking, modifying, or refusing to renew license; grounds; without written notice; 30-day appeal.
Section 400.722b	Section	Emergency closure of adult foster care facility; notification.
Section 400.722c	Section	Summary suspension order for closure; departmental duties; temporary advisor.
Section 400.723	Section	Repealed. 2018, Act 558, Eff. Mar. 28, 2019.
Section 400.724	Section	Request 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 400.725	Section	Contested case hearing; judicial review.
Section 400.726	Section	Name or designation of facility.
Section 400.726a	Section	Resident 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 400.726b	Section	Adult foster care; description of services to patients or residents with alzheimer's disease; contents; “represents to the public” defined.
Section 400.726c	Section	Medical 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 400.727	Section	Posting license, inspection report, and other documents; retention of materials for public inspection.
Section 400.728	Section	Repealed. 1984, Act 40, Imd. Eff. Mar. 26, 1984.
Section 400.729	Section	Providing foster care to person related to licensee or licensee's spouse.
Section 400.730	Section	Injunction.
Section 400.731	Section	Violation as misdemeanor; prohibited conduct.
Section 400.731a	Section	Person sentenced to perform community service.
Section 400.732	Section	Notices required.
Section 400.733	Section	Local ordinances, regulations, or construction codes.
Section 400.734	Section	Repealed. 1984, Act 40, Imd. Eff. Mar. 26, 1984.
Section 400.734a	Section	Repealed. 2006, Act 29, Eff. Apr. 1, 2006.
Section 400.734b	Section	Employing 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 400.734c	Section	Disqualification from or denial of employment based on criminal history check; administrative review; decision; "business day" defined.
Section 400.735	Section	Repeal of MCL 331.681 to 331.694.
Section 400.736	Section	Concurrent license as foster family home or foster family group home; receiving additional minor children; definitions.
Section 400.737	Section	Concurrently 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.