HB-5505, As Passed House, December 5, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 5505
A bill to amend 1979 PA 218, entitled
"Adult foster care facility licensing act,"
by amending sections 3, 4, 5, 7, 13, 13a, 14, 15, and 22 (MCL
400.703, 400.704, 400.705, 400.707, 400.713, 400.713a, 400.714,
400.715, and 400.722), sections 3 and 4 as amended by 2016 PA 525,
section 5 as amended by 2010 PA 380, section 7 as amended by 1986
PA 257, section 13 as amended by 2012 PA 52, section 13a as amended
by 2004 PA 285, section 15 as amended by 1984 PA 40, and section 22
as amended by 2004 PA 59, and by adding sections 22a and 22c.
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 home
4 or an adult foster care small group home according to section 5(6)
1 or (8) of 1973 PA 116, MCL 722.115.
2 (2) "Adult foster care camp" or "adult camp" means an adult
3 foster care facility with the approved capacity to receive more
4 than 4 adults to be provided foster care. An adult foster care camp
5 is a facility located in a natural or rural environment.
6 (3) "Adult foster care congregate facility" means an adult
7 foster care facility with the approved capacity to receive more
8 than 20 adults to be provided with foster care.
9 (4) "Adult foster care facility" means a governmental
or
10 nongovernmental establishment home or facility that
provides foster
11 care to adults. Subject to section 26a(1), adult foster care
12 facility includes facilities and foster care family homes for
13 adults who are aged, mentally ill, developmentally disabled, or
14 physically disabled who require supervision on an ongoing basis but
15 who do not require continuous nursing care. Adult foster care
16 facility does not include any of the following:
17 (a) A nursing home licensed under article 17 part 217 of
the
18 public health code, 1978 PA 368, MCL 333.20101 to
19 333.22260.333.21701
to 333.21799e.
20 (b) A home for the aged licensed under article 17 part 213 of
21 the public health code, 1978 PA 368, MCL 333.20101 to
22 333.22260.333.21301
to 333.21335.
23 (c) A hospital licensed under article 17 part 215 of
the
24 public health code, 1978 PA 368, MCL 333.20101 to
25 333.22260.333.21501
to 333.21571.
26 (d) A hospital for the mentally ill or a facility for the
27 developmentally disabled operated by the department of health and
1 human services under the mental health code, 1974 PA 258, MCL
2 330.1001 to 330.2106.
3 (e) A county infirmary operated by a county department of
4 health and human services under section 55 of the social welfare
5 act, 1939 PA 280, MCL 400.55.
6 (f) A child caring institution, children's camp, foster family
7 home, or foster family group home licensed or approved under 1973
8 PA 116, MCL 722.111 to 722.128, if the number of residents who
9 become 18 years of age while residing in the institution, camp, or
10 home does not exceed the following:
11 (i) Two, if the total number of residents is 10 or fewer.
12 (ii) Three, if the total number of residents is not less than
13 11 and not more than 14.
14 (iii) Four, if the total number of residents is not less than
15 15 and not more than 20.
16 (iv) Five, if the total number of residents is 21 or more.
17 (g) A foster family home licensed or approved under 1973 PA
18 116, MCL 722.111 to 722.128, that has a person who is 18 years of
19 age or older placed in the foster family home under section 5(7) of
20 1973 PA 116, MCL 722.115.
21 (h) An establishment commonly described as an alcohol or a
22 substance use disorder rehabilitation center, a residential
23 facility for persons released from or assigned to adult
24 correctional institutions, a maternity home, or a hotel or rooming
25 house that does not provide or offer to provide foster care.
26 (i) A facility created by 1885 PA 152, MCL 36.1 to 36.12.
27 (j) An area excluded from the definition of adult foster care
1 facility under section 17(3) of the continuing care community
2 disclosure act, 2014 PA 448, MCL 554.917.
3 (k) A private residence with the capacity to receive at least
4 1 but not more than 4 adults who all receive benefits from a
5 community mental health services program if the local community
6 mental health services program monitors the services being
7 delivered in the residential setting.
8 (5) "Adult foster care family home" means a private residence
9 with the approved capacity to receive at least 3 but not more than
10 6 or fewer adults to be provided with foster care. for
5 or more
11 days a week and for 2 or more consecutive weeks. The adult foster
12 care family home licensee shall must be a member of the
household ,
13 and an occupant of the residence.
14 (6) "Adult foster care large group home" means an adult foster
15 care facility with the approved capacity to receive at least 13 but
16 not more than 20 adults to be provided with foster care.
17 (7) "Adult foster care small group home" means an adult foster
18 care facility with the approved capacity to receive at least 3 but
19 not more than 12 or fewer
adults to be provided with foster care.
20 (8) "Aged" means an adult whose chronological age is 60 years
21 of age or older or whose biological age, as determined by a
22 physician, is 60 years of age or older.
23 (9) "Assessment plan" means a written statement prepared in
24 cooperation with a responsible agency or person that identifies the
25 specific care and maintenance, services, and resident activities
26 appropriate for each individual resident's physical and behavioral
27 needs and well-being and the methods of providing the care and
1 services taking into account the preferences and competency of the
2 individual.
3 (10) "Board" means food service provided at the adult foster
4 care facility.
5 Sec. 4. (1) "Council" means the adult foster care licensing
6 advisory council created in section 8.
7 (2) "Department" means the department of licensing and
8 regulatory affairs.
9 (3) "Developmental disability" means that term as defined in
10 section 100a of the mental health code, 1974 PA 258, MCL 330.1100a.
11 (4) "Direct access" means access to a resident or to a
12 resident's property, financial information, medical records,
13 treatment information, or any other identifying information.
14 (5) "Director" means the director of the department.
15 (6) "Do-not-resuscitate order" means a document executed under
16 the Michigan do-not-resuscitate procedure act, 1996 PA 193, MCL
17 333.1051 to 333.1067, directing that, in the event a resident
18 suffers cessation of both spontaneous respiration and circulation,
19 no resuscitation will be initiated.
20 (7) "Foster care" means the provision of supervision, personal
21 care, and protection in addition to room and board, for 24 hours a
22 day, 5 or more days a week, and for 2 or more consecutive weeks for
23 compensation provided at a single address. Providing room under a
24 landlord and tenant arrangement does not, by itself, exclude a
25 person from the licensure requirement under this act.
26 Sec. 5. (1) "Good moral character" means good moral character
27 as defined in 1974 PA 381, MCL 338.41 to 338.47.
1 (2) "Licensed hospice program" means a health care program
2 that provides a coordinated set of services rendered at home or in
3 an outpatient or institutional setting for individuals suffering
4 from a disease or condition with a terminal prognosis and that is
5 licensed under article 17 of the public health code, 1978 PA 368,
6 MCL 333.20101 to 333.22260.
7 (3) "Licensee" means the agency, association, corporation,
8 organization, person, or department or agency of the state, county,
9 city, or other political subdivision, that has been issued a
10 license to operate an adult foster care facility.
11 (4) "Licensee designee" means the individual designated in
12 writing by the owner or person with legal authority to act on
13 behalf of the company or organization on licensing matters. The
14 licensee designee must meet the licensee qualification requirements
15 of this act and rules promulgated under this act. The licensee
16 designee who is not an owner, partner, or director of the applicant
17 shall not sign the original license application or amendments to
18 the application.
19 (5) "Mental illness" means a substantial disorder of thought
20 or mood that significantly impairs judgment, behavior, capacity to
21 recognize reality, or ability to cope with the ordinary demands of
22 life.
23 (6) "New construction" means a newly constructed facility or a
24 facility that has been completely renovated for use as an adult
25 foster care facility.
26 Sec. 7. (1) "Regular license" means a license issued to an
27 adult foster care facility which that is in compliance with
this
1 act and the rules promulgated under this act.
2 (2) "Related" means any of the following relationships by
3 marriage, blood, or adoption: spouse, child, parent, brother,
4 sister, grandparent, grandchild, aunt, uncle, stepparent,
5 stepbrother, stepsister, or cousin.
6 (3) "Short-term operation" means an adult foster care facility
7 which that operates for a period of time less than 6 months
within
8 a calendar year.
9 (4) "Special license" means a license issued for the duration
10 of the operation of an adult foster care facility if the licensee
11 is a short-term operation.
12 (5) "Specialized program" means a program of services or
13 treatment provided in an adult foster care facility licensed under
14 this act that is designed to meet the unique programmatic needs of
15 the residents of that home as set forth in the assessment plan for
16 each resident and for which the facility receives special
17 compensation.
18 (6) "Special compensation" means payment to an adult foster
19 care facility to ensure the provision of a specialized program in
20 addition to the basic payment for adult foster care. Special
21 compensation does not include payment received by the adult foster
22 care facility directly from the medicaid Medicaid program
for
23 personal care services for a resident, or payment received under
24 the supplemental security income program under title XVI of the
25 social security act, 42 U.S.C. 1381 to 1383c.USC 1381 to 1383f.
26 (7) "Supervision" means guidance of a resident in the
27 activities of daily living, including all 1 or more of the
1 following:
2 (a) Reminding a resident to maintain his or her medication
3 schedule, as directed by the resident's physician.
4 (b) Reminding a resident of important activities to be carried
5 out.
6 (c) Assisting a resident in keeping appointments.
7 (d) Being aware of a resident's general whereabouts even
8 though the resident may travel independently about the community.
9 (8) "Temporary license" means a license issued to a facility
10 which that has not previously been licensed pursuant to under this
11 act or to former Act No. 287 of the Public Acts of 1972.under
12 former 1972 PA 287.
13 Sec. 13. (1) A person, partnership, corporation, association,
14 or a department or agency of the state, county, city, or other
15 political subdivision shall not establish or maintain an adult
16 foster care facility unless licensed by the department.
17 (2) Application for a license shall be made on forms provided
18 and in the manner prescribed by the department. The application
19 shall be accompanied by the fee prescribed in section 13a.
20 (3) Before issuing or renewing a license, the department shall
21 investigate the activities and standards of care of the applicant
22 and shall make an on-site evaluation of the facility. On-site
23 inspections conducted in response to the application may be
24 conducted without prior notice to the applicant. On-site
25 inspections conducted for renewing a license may be conducted
26 within 12 months before the expiration date of the current license
27 without impact on the license renewal date or the license fee.
1 Subject to subsections (9), (10), and (11), the department shall
2 issue or renew a license if satisfied as to all of the following:
3 (a) The financial stability of the facility.
4 (b) The applicant's compliance with this act and rules
5 promulgated under this act.
6 (c) The good moral character of the applicant, or owners,
7 partners, or directors of the facility, if other than an
8 individual. Each of these persons shall be not less than 18 years
9 of age.
10 (d) The physical and emotional ability of the applicant, and
11 the person responsible for the daily operation of the facility to
12 operate an adult foster care facility.
13 (e) The good moral character of the person responsible for the
14 daily operations of the facility and all employees of the facility.
15 licensee or licensee designee, owner, partner, director, and person
16 responsible for the daily operation of the facility. The applicant
17 shall be is responsible for assessing the good moral character
of
18 the employees of the facility. The person responsible for the daily
19 operation of the facility shall be not less than 18 years of age.
20 (4) The department shall require an applicant or a licensee to
21 disclose the names, addresses, and official positions of all
22 persons who have an ownership interest in the adult foster care
23 facility. If the adult foster care facility is located on or in
24 real estate that is leased, the applicant or licensee shall
25 disclose the name of the lessor of the real estate and any direct
26 or indirect interest that the applicant or licensee has in the
27 lease other than as lessee.
1 (5) Each license shall state the maximum number of persons to
2 be received for foster care at 1 time.
3 (6) If applicable, a license shall state the type of
4 specialized program for which certification has been received from
5 the department.
6 (7) A license shall be issued to a specific person for a
7 facility at a specific location
, and is nontransferable. ,
and
8 remains the property of the department. The prohibition against
9 transfer of a license to another location does not apply if a
10 licensee's adult foster care facility or home is closed as a result
11 of eminent domain proceedings, if the facility or home, as
12 relocated, otherwise meets the requirements of this act and the
13 rules promulgated under this act.
14 (8) An applicant or licensee proposing a sale of an adult
15 foster care facility or home to another owner shall provide the
16 department with advance notice of the proposed sale in writing. The
17 applicant or licensee and other parties to the sale shall arrange
18 to meet with specified department representatives and shall obtain
19 before the sale a determination of the items of noncompliance with
20 applicable law and rules that shall be corrected. The department
21 shall notify the respective parties of the items of noncompliance
22 before the change of ownership, shall indicate that the items of
23 noncompliance shall be corrected as a condition of issuance of a
24 license to the new owner, and shall notify the prospective
25 purchaser of all licensure requirements.
26 (9) The department shall not issue a license to or renew the
27 license of an owner, partner, or director of the applicant, who has
1 regular direct access to residents or who has on-site facility
2 operational responsibilities, or an applicant or the licensee
3 designee, if any of those individuals have been convicted of 1 or
4 more of the following:
5 (a) A felony under this act or under chapter XXA of the
6 Michigan penal code, 1931 PA 328, MCL 750.145m to 750.145r.
7 (b) A misdemeanor under this act or under chapter XXA of the
8 Michigan penal code, 1931 PA 328, MCL 750.145m to 750.145r, within
9 the 10 years immediately preceding the application.
10 (c) A misdemeanor involving abuse, neglect, assault, battery,
11 or criminal sexual conduct or involving fraud or theft against a
12 vulnerable adult as that term is defined in section 145m of the
13 Michigan penal code, 1931 PA 328, MCL 750.145m, or a state or
14 federal crime that is substantially similar to a misdemeanor
15 described in this subdivision within the 10 years immediately
16 preceding the application.
17 (10) If the department has revoked, suspended, or refused to
18 renew a person's license, or denied an application for a license,
19 for an adult foster care facility according to section 22, the
20 department may refuse to issue a license to or renew a license of
21 that person for a period of 5 years after the suspension,
22 revocation, or nonrenewal of the license, or denial of the
23 application.
24 (11) The department may refuse to issue a license to or renew
25 the license of an applicant if the department determines that the
26 applicant has a relationship with a former licensee whose license
27 under this act has been suspended, revoked, or nonrenewed under
1 subsection (9) or section 22 or a convicted person to whom a
2 license has been denied under subsection (9). This subsection
3 applies for 5 years after the suspension, revocation, or nonrenewal
4 of the former licensee's license or the denial of the convicted
5 person's license. For purposes of this subsection, an applicant has
6 a relationship with a former licensee or convicted person if the
7 former licensee or convicted person is involved with the facility
8 in 1 or more of the following ways:
9 (a) Participates in the administration or operation of the
10 facility.
11 (b) Has a financial interest in the operation of the facility.
12 (c) Provides care to residents of the facility.
13 (d) Has contact with residents or staff on the premises of the
14 facility.
15 (e) Is employed by the facility.
16 (f) Resides in the facility.
17 (12) If the department determines that an unlicensed facility
18 is an adult foster care facility, the department shall notify the
19 owner or operator of the facility that it is required to be
20 licensed under this act. A person receiving the notification
21 required under this section who does not apply for a license within
22 30 days is subject to the penalties described in subsection (13).
23 (13) Subject to subsection (12), a person who violates
24 subsection (1) is guilty of a misdemeanor, punishable by
25 imprisonment for not more than 2 years or a fine of not more than
26 $50,000.00, or both. A person who has been convicted of a violation
27 of subsection (1) who commits a second or subsequent violation is
1 guilty of a felony, punishable by imprisonment for not more than 5
2 years or a fine of not more than $75,000.00, or both.
3 (14) The department shall issue an initial or renewal license
4 not later than 6 months after the applicant files a completed
5 application. Receipt of the application is considered the date the
6 application is received by any an agency or department of
this
7 state. If the application is considered incomplete by the
8 department, the department shall notify the applicant in writing or
9 make notice electronically available within 30 days after receipt
10 of the incomplete application, describing the deficiency and
11 requesting additional information. If the department identifies a
12 deficiency or requires the fulfillment of a corrective action plan,
13 the 6-month period is tolled until either of the following occurs:
14 (a) Upon notification by the department of a deficiency, until
15 the date the requested information is received by the department.
16 (b) Upon notification by the department that a corrective
17 action plan is required, until the date the department determines
18 the requirements of the corrective action plan have been met.
19 (15) The determination of the completeness of an application
20 does not operate as an approval of the application for the license
21 and does not confer eligibility of an applicant determined
22 otherwise ineligible for issuance of a license.
23 (16) If the department fails to issue or deny a license within
24 the time required by this section, the department shall return the
25 license fee and shall reduce the license fee for the applicant's
26 next renewal application, if any, by 15%. Failure to issue or deny
27 a license within the time period required under this section does
1 not allow the department to otherwise delay processing an
2 application. The completed application shall be placed in sequence
3 with other completed applications received at that same time. The
4 department shall not discriminate against an applicant in the
5 processing of an application based on the fact that the application
6 fee was refunded or discounted under this subsection.
7 (17) If, on a continual basis, inspections performed by a
8 local health department delay the department in issuing or denying
9 licenses under this act within the 6-month period, the department
10 may use department staff to complete the inspections instead of the
11 local health department causing the delays.
12 (18) The department director shall submit a report by December
13 1 of each year to the standing committees and appropriations
14 subcommittees of the senate and house of representatives concerned
15 with human services issues. The department director shall include
16 all of the following information in the report concerning the
17 preceding fiscal year:
18 (a) The number of initial and renewal applications the
19 department received and completed within the 6-month time period
20 described in subsection (14).
21 (b) The number of applications requiring a request for
22 additional information.
23 (c) The number of applications rejected.
24 (d) The number of licenses not issued within the 6-month
25 period.
26 (e) The average processing time for initial and renewal
27 licenses granted after the 6-month period.
1 (19) An applicant, if an individual, or an owner, partner, or
2 director of the applicant who has regular direct access to
3 residents or who has on-site facility operational responsibilities
4 shall give written consent at the time of original license
5 application and a licensee designee shall give written consent at
6 the time of appointment for the department of state police to
7 conduct both of the following:
8 (a) A criminal history check.
9 (b) A criminal records check through the federal bureau of
10 investigation.Federal
Bureau of Investigation.
11 (20) Unless already submitted under subsection (19), an An
12 owner, partner, or director of the applicant who has regular direct
13 access to residents or who has on-site facility operational
14 responsibilities shall give written consent at the time of original
15 license application for the department of state police to conduct
16 both of the following:
17 (a) A criminal history check.
18 (b) A criminal records check through the federal bureau of
19 investigation.is
exempt from the requirements of subsection (19) if
20 he or she has already submitted consent described in subsection
21 (19) and were continuously affiliated with a licensed adult foster
22 care facility as an applicant, owner, partner, or director.
23 (21) The department shall require the applicant, if an
24 individual, the licensee designee, owner, partner, or director of
25 the applicant who has regular direct access to residents or who has
26 on-site facility operational responsibilities to submit his or her
27 fingerprints to the department of state police for the criminal
1 history check and criminal records check described in subsections
2 subsection (19). and
(20).
3 (22) The department shall request a criminal history check and
4 criminal records check required under this section in the manner
5 prescribed by the department of state police. The department of
6 state police shall conduct the criminal history check and provide a
7 report of the results to the licensing or regulatory bureau of the
8 department. The report shall contain any criminal history
9 information on the person maintained by the department of state
10 police and the results of the criminal records check from the
11 federal bureau of investigation. Federal Bureau of Investigation.
12 The department of state police may charge the person on whom the
13 criminal history check and criminal records check are performed
14 under this section a fee that does not exceed the actual and
15 reasonable cost of conducting the checks.
16 (23) Not later than 1 year after the effective date of the
17 2012 amendatory act that amended this subsection, all licensees and
18 licensee designees of facilities licensed on the effective date of
19 the 2012 amendatory act that amended this subsection and all
20 persons described in subsection (20) shall comply with the
21 requirements of this section.
22 (23) (24) Beginning
the effective date of the 2012 amendatory
23 act that amended this subsection, March 13, 2012, if an
applicant
24 or licensee designee or person described in subsection (20) applies
25 for a license or to renew a license to operate an adult foster care
26 facility and he or she or the licensee designee previously
27 underwent a criminal history check and criminal records check
1 required under subsection (19) or (20) or under section 134a of
the
2 mental health code, 1974 PA 258, MCL 330.1134a, and has remained
3 continuously licensed or continuously employed under section 34b or
4 under section 20173a of the public health code, 1978 PA 368, MCL
5 333.20173a, after the criminal history check and criminal records
6 check have been performed, that person is not required to submit to
7 another criminal history check or criminal records check upon
8 renewal of the license obtained under subsection (3).
9 (24) (25) The
department of state police shall store and
10 maintain all fingerprints submitted under this act in an automated
11 fingerprint identification system database that provides for an
12 automatic notification at the time of a subsequent criminal arrest
13 fingerprint card submitted into the system that matches a set of
14 fingerprints previously submitted in accordance with this act. Upon
15 notification, the department of state police shall immediately
16 notify the department and the department shall take the appropriate
17 action.
18 (25) (26) A
licensee, licensee designee, owner, partner, or
19 director of the licensee shall not be permitted on the premises of
20 an adult foster care facility or have direct access to residents or
21 resident records if he or she has been convicted of any of the
22 following: adult abuse, neglect, or financial exploitation; or
23 listed offenses as defined in section 2 of the sex offenders
24 registration act, 1994 PA 295, MCL 28.722.
25 (26) An adult foster family care home or an adult foster care
26 group home shall not be concurrently licensed as a group child care
27 home or a family child care home.
1 (27) As used in this section, "completed application" means an
2 application complete on its face with all requested information
3 provided and answers to all questions provided and submitted with
4 any applicable licensing fees as well as any other information,
5 records, approval, security, or similar item required by law or
6 rule from a local unit of government, a federal agency, or a
7 private entity but not from another department or agency of this
8 state. A completed application does not include a health inspection
9 performed by a local health department.
10 Sec. 13a. (1) Application Until December 31, 2019, application
11 fees for an individual, partnership, firm, corporation,
12 association, governmental organization, or nongovernmental
13 organization licensed or seeking licensure under this act are as
14 follows:
15 (a) Application fee for a temporary license:
16 |
(i) |
Family home.............................. $ 65.00 |
|
17 |
(ii) |
Small group home (1-6)................... 105.00 |
|
18 |
(iii) |
Small group home (7-12).................. 135.00 |
|
19 |
(iv) |
Large group home......................... 170.00 |
|
20 |
(v) |
Congregate facility...................... 220.00 |
|
21 |
(vi) |
Camp..................................... 40.00 |
22 (b) Application fee for subsequent licenses:
23 |
(i) |
Family home.............................. $ 25.00 |
|
24 |
(ii) |
Small group home (1-6)................... 25.00 |
|
25 |
(iii) |
Small group home (7-12).................. 60.00 |
|
26 |
(iv) |
Large group home......................... 100.00 |
|
27 |
(v) |
Congregate facility...................... 150.00 |
|
28 |
(vi) |
Camp..................................... 25.00 |
1 (2) Fees Until
December 31, 2019, fees collected under
this
2 act shall be credited to the general fund of the state to be
3 appropriated by the legislature to the department for the
4 enforcement of this act.
5 (3) The department shall use a portion of the fees collected
6 to inspect new adult foster care facilities for fiscal year 1991-
7 1992.Application fees
for an individual, partnership, firm,
8 corporation, association, governmental organization, or
9 nongovernmental organization licensed or seeking licensure under
10 this act for a temporary or renewal license are as follows:
11 (a) Beginning January 1, 2020, as follows:
12 |
(i) |
Family home (3-6)........................ $ 85.00 |
|
13 |
(ii) |
Small group home (3-6)................... 130.00 |
|
14 |
(iii) |
Small group home (7-12).................. 170.00 |
|
15 |
(iv) |
Large group home......................... 320.00 |
|
16 |
(v) |
Congregate facility (renewal only)....... 360.00 |
|
17 |
(vi) |
Camp..................................... 120.00 |
18 (b) Beginning January 1, 2022, as follows:
19 |
(i) |
Family home.............................. $ 100.00 |
|
20 |
(ii) |
Small group home (3-6)................... 150.00 |
|
21 |
(iii) |
Small group home (7-12).................. 200.00 |
|
22 |
(iv) |
Large group home......................... 500.00 |
|
23 |
(v) |
Congregate facility (renewal only)....... 500.00 |
|
24 |
(vi) |
Camp..................................... 200.00 |
25 Sec. 14. (1) A temporary license shall be issued to an adult
26 foster care facility for the first 6 months of operation. if
the
27 adult foster care facility has not previously been licensed as an
1 adult foster care facility. At
the end of the first 6 months of
2 operation, the department shall either issue a regular license,
3 issue a provisional license, or refuse to issue a license in the
4 manner provided for in section 22. A temporary license shall not be
5 renewed.
6 (2) Before issuing a temporary license, the department may
7 require an adult foster care facility to submit to the department
8 an acceptable plan of correction for the adult foster care
9 facility. The adult foster care facility shall implement the plan
10 of correction within the time limitations of the temporary license
11 period.
12 Sec. 15. (1) The department shall not issue a temporary
13 license to an adult foster care congregate facility, except a
14 facility which is to
replace an adult foster care existing
adult
15 foster care congregate
facility. licensed on March 27, 1984 and is
16 a The new construction ; satisfies must satisfy all applicable
17 state construction code requirements and the fire safety
18 requirements prescribed by section 20; and the bed capacity does
19 must not exceed that of the
licensed facility which that
it
20 replaces.
21 Sec. 22. (1) The department may deny, suspend, revoke, or
22 refuse to renew a license, or modify a regular license to a
23 provisional license, if the licensee falsifies information on the
24 application for license or willfully and substantially violates
25 this act, the rules promulgated under this act, or the terms of the
26 license.
27 (2) The department may deny,
suspend, revoke, or modify a
1 license of an applicant application for licensure or a license of a
2 licensee if the department determines that the applicant or
3 licensee has a relationship with a former applicant whose
4 application under this act has been denied or a former licensee
5 whose license under this act has been suspended, revoked, or
6 nonrenewed refused
renewal under this section or section
13(9) or a
7 convicted person to whom a license has been denied under section
8 13(9). This subsection applies for 10 years after the suspension,
9 revocation, or nonrenewal refused renewal of the
former licensee's
10 license, the denial of the former applicant's application for
11 licensure, or the denial of
the convicted person's license.
12 application for licensure. As used in this subsection, an applicant
13 has a relationship with a former licensee or convicted person if
14 the former applicant, licensee, or convicted person is involved
15 with the facility in 1 or more of the following ways:
16 (a) Participates in the administration or operation of the
17 facility.
18 (b) Has a financial interest in the operation of the facility.
19 (c) Provides care to residents of the facility.
20 (d) Has contact with residents or staff on the premises of the
21 facility.
22 (e) Is employed by the facility.
23 (f) Resides in the facility.
24 (3) The department may deny an application for licensure based
25 on a prior settlement agreement that prohibits a person from
26 providing adult foster care.
27 (4) An application for licensure shall not be denied, a
1 license shall not be revoked, a renewal shall not be refused, and a
2 regular license shall not be modified to a provisional license
3 unless the department gives the applicant or licensee written
4 notice of the grounds for the proposed denial, revocation, refusal
5 to renew, or modification. If the proposed denial, revocation,
6 refusal to renew, or modification is not appealed within 30 days
7 after receipt, the department shall deny, revoke, refuse to renew,
8 or modify the application or license. The applicant or licensee
9 must appeal in writing to the department director, or the
10 director's designee, a proposed denial, revocation, refusal to
11 renew, or modification within 30 days after receipt of the written
12 notice. Upon receipt of the written request for appeal, the
13 director or the director's designee must conduct a contested case
14 hearing under the administrative procedures act of 1969, 1969 PA
15 306, MCL 24.301 to 24.328. Notice of the hearing must be given to
16 the applicant or licensee by personal service or delivery to the
17 proper address by registered mail not less than 2 weeks before the
18 date of the hearing. The decision of the director or his or her
19 designee shall be issued as soon as practicable after the hearing
20 and forwarded to the protesting party by registered mail. The
21 formal notice and hearing requirement in this subsection does not
22 apply if the licensee and the department comply with section 22a.
23 (5) (3) A license shall not be denied, suspended, or
revoked,
24 a renewal shall not be refused, and a regular license shall not be
25 modified to a provisional license unless the department gives the
26 licensee or applicant written notice of the grounds of the proposed
27 denial, revocation, refusal to renew, or modification. If the
1 licensee or applicant appeals the denial, revocation, refusal to
2 renew, or modification by filing a written appeal with the director
3 within 30 days after receipt of the written notice, the director or
4 the director's designated representative shall conduct a contested
5 case hearing at which the licensee or applicant may present
6 testimony and confront witnesses. Notice of the hearing shall be
7 given to the licensee or applicant by personal service or delivery
8 to the proper address by registered mail not less than 2 weeks
9 before the date of the hearing. The decision of the director shall
10 be made and forwarded to the protesting party by registered mail
11 not more than 30 days after the hearing. If the proposed denial,
12 revocation, refusal to renew, or modification is not protested
13 within 30 days, the license shall be denied, revoked, refused, or
14 modified.
15 (6) (4) If
the department has revoked, suspended, or refused
16 to renew a license, the former licensee shall not receive or
17 maintain in that facility an adult who requires foster care. A
18 person who violates this subsection is guilty of a felony,
19 punishable by imprisonment for not more than 5 years or a fine of
20 not more than $75,000.00, or both.
21 (7) (5) If
the department has revoked, suspended, or refused
22 to renew a license, relocation services shall be provided to adults
23 who were being served by the formerly licensed facility, upon the
24 department's determination that the adult or his or her designated
25 representative is unable to relocate the adult in another facility
26 without assistance. The relocation services shall be provided by
27 the responsible agency, as defined in administrative rules, or, if
1 the adult has no agency designated as responsible, by the
2 department of health and human services.
3 (6) In the case of facilities that are operated under lease
4 with a state department or a community mental health services
5 board, the department may issue an emergency license for a 90-day
6 period to avoid relocation of residents following the revocation,
7 suspension, or nonrenewal of a license, if all of the following
8 requirements are met:
9 (a) The leased physical plant is in substantial compliance
10 with all licensing requirements.
11 (b) The applicant for the emergency license is a licensee who
12 is in compliance with all applicable regulations under this act and
13 under contract with a state department or a community mental health
14 services board to operate the leased physical plant temporarily.
15 (c) The former licensee's access to the facility according to
16 a lease, sublease, or contract has been lawfully terminated by the
17 owner or lessee of the facility.
18 Sec. 22a. The department may immediately suspend, revoke,
19 modify, or refuse to renew a license or deny an application for a
20 license without providing written notice of the grounds for the
21 proposed action or giving the licensee or applicant 30 days to
22 appeal if the licensee or applicant agrees in writing to do all of
23 the following:
24 (a) Waive the requirement that the department provide written
25 notice of the grounds for the proposed action.
26 (b) Waive the 30-day time frame in which to submit a written
27 appeal to the proposed action.
1 (c) Waive the right to a contested case hearing under the
2 administrative procedures act of 1969, 1969 PA 306, MCL 24.301 to
3 24.328.
4 Sec. 22c. When the department issues a summary suspension
5 order for closure of an adult foster care facility, or when an
6 adult foster care facility cannot provide adequate resident care,
7 the department must do the following:
8 (a) Ensure that the department of health and human services
9 has been notified to make arrangements for the orderly and safe
10 discharge and transfer of the residents to another facility or
11 appropriate setting.
12 (b) Determine whether a representative of the department must
13 be placed in a facility on a daily basis to monitor the delivery of
14 services during the discharge of residents to another facility or
15 location.
16 (c) Determine if the appointment of a temporary administrative
17 advisor or a temporary clinical advisor, or both, is necessary,
18 with authority and duties specified by the department to assist the
19 facility management and staff to oversee the orderly closure of the
20 facility. The licensee must pay the expense of the person
21 appointed.
22 Enacting section 1. This amendatory act takes effect 90 days
23 after the date it is enacted into law.
24 Enacting section 2. This amendatory act does not take effect
25 unless House Bill No. 5506 of the 99th Legislature is enacted into
26 law.