HB-4173, As Passed House, October 31, 2017
HB-4173, As Passed Senate, October 31, 2017
February 7, 2017, Introduced by Reps. Vaupel, Lucido, Canfield, Cox, Tedder, Webber, Kahle and Glenn and referred to the Committee on Health Policy.
A bill to amend 1979 PA 218, entitled
"Adult foster care facility licensing act,"
by amending sections 6 and 26a (MCL 400.706 and 400.726a), section
6 as amended by 1998 PA 442 and section 26a as added by 1996 PA
194, and by adding section 26c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) "Personal care" means personal assistance provided
by a licensee or an agent or employee of a licensee to a resident
who requires assistance with dressing, personal hygiene, grooming,
maintenance of a medication schedule as directed and supervised by
the resident's physician, or the development of those personal and
social skills required to live in the least restrictive
environment.
(2) "Physical disability" means a determinable physical
characteristic of an individual that may result from disease,
injury, congenital condition of birth, or functional disorder.
(3) "Physical plant" means the structure in which a facility
is located and all physical appurtenances to the facility.
(4) "Physician orders for scope of treatment form" or "POST
form" means that term as defined in section 5674 of the public
health code, 1978 PA 368, MCL 333.5674.
(5) (4)
"Protection", subject to
section 26a(2), means the
continual responsibility of the licensee to take reasonable action
to
insure ensure the health, safety, and well-being of a resident,
including protection from physical harm, humiliation, intimidation,
and social, moral, financial, and personal exploitation while on
the premises, while under the supervision of the licensee or an
agent or employee of the licensee, or when the resident's
assessment plan states that the resident needs continuous
supervision.
(6) (5)
"Provisional license"
means a license issued to a
facility that has previously been licensed under this act or an act
repealed by this act but is temporarily unable to conform to the
requirements of a regular license prescribed in this act or rules
promulgated under this act.
(7) (6)
"Quality of care" means
the foster care of residents
of a facility and other similar items not related to the physical
plant that address themselves to the general physical and mental
health, welfare, and well-being of residents.
Sec. 26a. (1) A resident of an adult foster care facility who
is enrolled in a licensed hospice program is not considered to
require continuous nursing care for purposes of section 3(4).
(2) A licensee providing foster care to a resident who is
enrolled in a licensed hospice program and whose assessment plan
includes a do-not-resuscitate order or a validly executed POST form
under part 56B of the public health code, 1978 PA 368, MCL 333.5671
to 333.5685, is considered to be providing protection to the
resident
for purposes of section 6(4) 6(5)
and the rules
promulgated under this act if, in the event the resident suffers
cessation of both spontaneous respiration and circulation, the
licensee contacts the licensed hospice program.
Sec. 26c. (1) An adult foster care facility shall comply with
medical orders provided on a validly executed POST form as required
under the provisions of part 56B of the public health code, 1978 PA
368, MCL 333.5671 to 333.5685.
(2) If an adult foster care facility is unwilling to comply
with the medical orders provided on a validly executed form because
of a policy, religious belief, or moral conviction, the adult
foster care facility shall take all reasonable steps to refer or
transfer the patient to another adult foster care facility.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 4170 (request no.
00360'17) of the 99th Legislature is enacted into law.