SENATE BILL NO. 366
April 15, 1997, Introduced by Senator CISKY and referred
to the Committee on Government Operations.
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 PERSONS WITH DISABILITIES, aged, mentally ill, OR developmen-
11 tally disabled , or physically handicapped who
require supervi-
12 sion on an ongoing basis but who do not require continuous nurs-
13 ing care. Adult foster care facility does not include any of the
14 following:
15 (a) A nursing home, HOME FOR THE AGED, OR HOSPITAL licensed
16 under article 17 of the public health code, Act No. 368 of
the
17 Public Acts of 1978, being sections 333.20101 to 333.22260
of the
18 Michigan Compiled Laws 1978 PA 368, MCL 333.20101
TO 333.22260.
19 (b) A home for the aged licensed under article 17 of
the
20 public health code, Act No. 368 of the Public Acts of 1978.
21 (c) A hospital licensed under article 17 of the public
22 health code, Act No. 368 of the Public Acts of 1978.
23 (B) (d) A hospital for the mentally ill or a
facility for
24 the developmentally disabled operated by the department of
25 mental COMMUNITY health under the mental health
code, Act
26 No. 258 of the Public Acts of 1974, being sections 330.1001
to
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1 330.2106 of the Michigan Compiled Laws 1974 PA
258, MCL 330.1001
2 TO 330.2106.
3 (C) (e) A county infirmary operated by a
county department
4 of social services OR COMMUNITY SERVICES under section 55 of the
5 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 (D) (f) A child caring institution,
children's camp,
9 foster family home, or foster family group home licensed or
10 approved under Act No. 116 of the Public Acts of 1973,
being
11 sections 722.111 to 722.127 of the Michigan Compiled Laws
1973
12 PA 116, MCL 722.111 TO 722.128, if the number of residents who
13 become 18 years of age while residing in the institution, camp,
14 or home 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 (E) (g) A foster family home licensed or
approved under
22 Act No. 116 of the Public Acts of 1973, being sections
722.111
23 to 722.127 of the Michigan Compiled Laws 1973 PA
116, MCL
24 722.111 TO 722.128, that has a person who is 18 years of age or
25 older 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 (F) (h) An establishment commonly described
as an alcohol
2 or a substance abuse rehabilitation center, a residential facil-
3 ity for persons released from or assigned to adult correctional
4 institutions, a maternity home, or a hotel or rooming house that
5 does not provide or offer to provide foster care.
6 (G) (i) A facility created by Act
No. 152 of the Public
7 Acts of 1885, as amended, being sections 36.1 to 36.12 of
the
8 Michigan 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 "PERSON WITH
DISABILITIES" means AN
13 INDIVIDUAL WITH a determinable physical characteristic of
an
14 individual which THAT may result from disease,
injury, congeni-
15 tal condition of birth, or functional 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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