SB-1041, As Passed Senate, December 15, 2016
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 1041
A bill to amend 1979 PA 218, entitled
"Adult foster care facility licensing act,"
by amending section 24 (MCL 400.724).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 24. (1) A person who believes that this act or a rule
promulgated under this act may have been violated may request an
investigation of an adult foster care facility. The request shall
be submitted to the department in writing or the department shall
assist the person in reducing an oral complaint to writing within 7
days after the oral request is made.
(2) The substance of the complaint shall be provided to the
licensee not earlier than at the commencement of the on-site
inspection
of the adult foster care facility which that takes place
pursuant
according to the complaint.
(3) The complaint, a copy of the complaint, or a record
published, released, or otherwise disclosed to the adult foster
care facility shall not disclose the name of the complainant or an
adult resident named in the complaint unless the complainant or an
adult resident consents in writing to the disclosure or the
investigation results in an administrative hearing or a judicial
proceeding, or unless disclosure is considered essential to the
investigation by the department. If disclosure is considered
essential to the investigation, the complainant shall be given the
opportunity to withdraw the complaint before disclosure.
(4) Upon receipt of a complaint, the department shall
determine, based on the allegations presented, whether this act or
a rule promulgated under this act has been, is, or is in danger of
being violated. The department shall investigate the complaint
according to the urgency determined by the department. The
initiation of a complaint investigation shall commence within 15
days after receipt of the written complaint by the department.
(5) The department shall inform the complainant of its
findings. Within 30 days after the receipt of complaint, the
department shall provide the complainant a copy, if any, of the
written determination or a status report indicating when these
documents may be expected. The final report shall include a copy of
the original complaint. The complainant may request additional
copies of the documents listed in this subsection and shall
reimburse
the department for the copies pursuant according to
established policies and procedures.
(6) The department shall inform the licensee of the
department's findings at the same time that the department informs
the
complainant pursuant to under
subsection (5).
(7) A written determination concerning a complaint shall be
available for public inspection, but the name of the complainant or
adult resident shall not be disclosed without the complainant's or
adult resident's consent.
(8) A complainant who is dissatisfied with the determination
or investigation by the department may request a hearing. A request
for a hearing shall be submitted in writing to the director within
30 days after the mailing of the department's findings as described
in subsection (5). Notice of the time and place of the hearing
shall be sent to the complainant and the adult foster care
facility. A complainant who is dissatisfied with the decision of
the director may appeal by filing with the clerk of the court an
affidavit setting forth the substance of the proceedings before the
department and the errors of law upon which the person relies, and
serving the director with a copy of the affidavit. The circuit
court of the county in which the complainant resides shall have
jurisdiction to hear and determine the questions of fact or law
involved in the appeal.
(9) Notwithstanding subsection (3) and sections 5 and 7(2) of
the child protection law, 1975 PA 238, MCL 722.625 and 722.627,
information or records in the possession of the department or the
department of licensing and regulatory affairs may be shared to the
extent necessary for the proper functioning of the department or
the department of licensing and regulatory affairs in administering
adult welfare or adult foster care licensing under this act or in
an investigation conducted under section 43b of the social welfare
act, 1939 PA 280, MCL 400.43b. Information or records shared under
this subsection shall not be released by the department or the
department of licensing and regulatory affairs unless otherwise
permitted under this act or other state or federal law.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.