MCL - 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.