House Introduced Bill 5731

HOUSE BILL No. 5731

April 2, 1998, Introduced by Reps. Schermesser, DeHart, Hale, Cherry, Schauer, Kelly, Martinez, Mans, Harder, Kilpatrick, Goschka, Scott and Parks and referred to the Committee on Constitutional and Civil Rights.

A bill to amend 1979 PA 218, entitled

"Adult foster care facility licensing act,"

by amending sections 3 and 6 (MCL 400.703 and 400.706), as

amended by 1996 PA 194.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

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

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

4 home or an adult foster care small group home pursuant to section

5 5(6) or (8) of Act No. 116 of the Public Acts of 1973, being

6 section 722.115 of the Michigan Compiled Laws 1973 PA 116, MCL

7 722.115.

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

9 foster care facility with the approved capacity to receive more

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

2 camp is a facility located in a natural or rural environment.

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

4 foster care facility with the approved capacity to receive more

5 than 20 adults to be provided with foster care.

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

7 nongovernmental establishment that provides foster care to

8 adults. Subject to section 26a(1), adult foster care facility

9 includes facilities and foster care family homes for adults who

10 are aged, mentally ill, developmentally disabled, or physically

11 handicapped DISABLED who require supervision on an ongoing

12 basis but who do not require continuous nursing care. Adult

13 foster care facility does not include any of the following:

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

15 health code, Act No. 368 of the Public Acts of 1978, being sec-

16 tions 333.20101 to 333.22260 of the Michigan Compiled Laws 1978

17 PA 368, MCL 333.20101 TO 333.22260.

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

19 public health code, Act No. 368 of the Public Acts of 1978 1978

20 PA 368, MCL 333.20101 TO 333.22260.

21 (c) A hospital licensed under article 17 of the public

22 health code, Act No. 368 of the Public Acts of 1978 1978 PA

23 368, MCL 333.20101 TO 333.22260.

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

25 developmentally disabled operated by the department of mental

26 COMMUNITY health under the mental health code, Act No. 258 of

27 the Public Acts of 1974, being sections 330.1001 to 330.2106 of

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1 the Michigan Compiled Laws 1974 PA 258, MCL 330.1001 TO

2 330.2106.

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

4 social services OR FAMILY INDEPENDENCE AGENCY under section 55 of

5 the social welfare act, Act No. 280 of the Public Acts of 1939,

6 being section 400.55 of the Michigan Compiled Laws 1939 PA 280,

7 MCL 400.55.

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

9 family home, or foster family group home licensed or approved

10 under Act No. 116 of the Public Acts of 1973, being sections

11 722.111 to 722.127 of the Michigan Compiled Laws 1973 PA 116,

12 MCL 722.111 TO 722.128, if the number of residents who become 18

13 years of age while residing in the institution, camp, or home

14 does not exceed the following:

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

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

17 than 11 and not more than 14.

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

19 than 15 and not more than 20.

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

21 (g) A foster family home licensed or approved under Act

22 No. 116 of the Public Acts of 1973, being sections 722.111 to

23 722.127 of the Michigan Compiled Laws 1973 PA 116, MCL 722.111

24 TO 722.128, that has a person who is 18 years of age or older

25 placed in the foster family home under section 5(7) of Act

26 No. 116 of the Public Acts of 1973, being section 722.115 of the

27 Michigan Compiled Laws 1973 PA 116, MCL 722.115.

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

2 substance abuse rehabilitation center, a residential facility for

3 persons released from or assigned to adult correctional institu-

4 tions, a maternity home, or a hotel or rooming house that does

5 not provide or offer to provide foster care.

6 (i) A facility created by Act No. 152 of the Public Acts of

7 1885, as amended, being sections 36.1 to 36.12 of the Michigan

8 Compiled Laws 1885 PA 152, MCL 36.1 TO 36.12.

9 (5) "Adult foster care family home" means a private resi-

10 dence with the approved capacity to receive 6 or fewer adults to

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

12 or more consecutive weeks. The adult foster care family home

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

14 the residence.

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

16 foster care facility with the approved capacity to receive at

17 least 13 but not more than 20 adults to be provided with foster

18 care.

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

20 foster care facility with the approved capacity to receive 12 or

21 fewer adults to be provided with foster care.

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

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

24 physician, is 60 years of age or older.

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

26 cooperation with a responsible agency or person that identifies

27 the specific care and maintenance, services, and resident

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1 activities appropriate for each individual resident's physical

2 and behavioral needs and well-being and the methods of providing

3 the care and services taking into account the preferences and

4 competency of the individual.

5 Sec. 6. (1) "Personal care" means personal assistance pro-

6 vided by a licensee or an agent or employee of a licensee to a

7 resident who requires assistance with dressing, personal hygiene,

8 grooming, maintenance of a medication schedule as directed and

9 supervised by the resident's physician, or the development of

10 those personal and social skills required to live in the least

11 restrictive environment.

12 (2) "Physical handicap DISABILITY" means a determinable

13 physical characteristic of an individual which THAT may result

14 from disease, injury, congenital condition of birth, or func-

15 tional disorder.

16 (3) "Physical plant" means the structure in which a facility

17 is located and all physical appurtenances to the facility.

18 (4) "Protection", subject to section 26a(2), means the con-

19 tinual responsibility of the licensee to take reasonable action

20 to insure the health, safety, and well-being of a resident,

21 including protection from physical harm, humiliation, intimida-

22 tion, and social, moral, financial, and personal exploitation

23 while on the premises, while under the supervision of the

24 licensee or an agent or employee of the licensee, or when the

25 resident's assessment plan states that the resident needs contin-

26 uous supervision.

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1 (5) "Provisional license" means a license issued to a

2 facility that has previously been licensed under this act or an

3 act repealed by this act but is temporarily unable to conform to

4 the requirements of a regular license prescribed in this act or

5 rules promulgated under this act.

6 (6) "Quality of care" means the foster care of residents of

7 a facility and other similar items not related to the physical

8 plant that address themselves to the general physical and mental

9 health, welfare, and well-being of residents.

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